IN THE HIGH COURT OF PUNJAB & HARYANA 239 Rajinder Kumar Davinder Kumar CORAM : HON'BLE MR. JUSTICE Present :- Ms. for the applicant. VINOD S. BHARDWAJ CRM-13172-2023 Prayer in the present 65 days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 65 condoned. Main case The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal passed by the learned out from complaint Negotiable Instruments Act, 1881 2. It is noticed that the instant application pertains to the year 2023, however, no one has entered appearan IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-283 Date of decision: Rajinder Kumar VERSUS Davinder Kumar HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Dheerja as Legal Aid Counsel, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 2023 ayer in the present application is for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 65 days in filing application The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal against the judgment of acquittal passed by the learned Judicial Magistrate First Class complaint No.145 of 2016 filed under Section Negotiable Instruments Act, 1881. It is noticed that the instant application pertains to the year however, no one has entered appearance on behalf of the - IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 283-2023 (O&M) Date of decision: 22.09.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ as Legal Aid Counsel, s for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is days in filing application for leave to appeal is The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 04.10.2022 rst Class, Hoshiarpur stemming filed under Section 138 of the It is noticed that the instant application pertains to the year ce on behalf of the applicant, SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document 239 CRM-A-283-2023 (O&M) hence, it is deemed expedient Dheerja, Advocate, PH as the Legal Aid Counsel to represent the case on behalf of arrive at a decision. present application has been filed against the judgment of acquittal dated 04.10.2022 passed by complaint No.145 of 2016 Instruments Act, 1881. passed by the Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 a remedy before the Co 3. The complaint (supra) was filed on th two cheques of Rs.3,00,000/ on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra) is remanded to the learned Sessions Judge, treat the same as an appeal filed under Section 372 the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge, 6. Disposed of accordingly. Pending any, also stand disposed of. 2023 (O&M) hence, it is deemed expedient to nominate a Legal Aid Counsel. Dheerja, Advocate, PH-9425-2022, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of arrive at a decision. She has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated passed by the Judicial Magistrate 145 of 2016 filed under Section Instruments Act, 1881. She fairly submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 dy before the Court of Sessions. The complaint (supra) was filed on th two cheques of Rs.3,00,000/- each. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 04.10.2022. n view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal to the learned Sessions Judge, Hoshiarpur treat the same as an appeal filed under Section 372 the same to appropriate Court for its disposal on merits. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge, Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. -2 to nominate a Legal Aid Counsel. Ms. , who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant to has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated Magistrate 1st Class, Hoshiarpur, in Section 138 of the Negotiable fairly submits that in view of the judgment M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide n view of the judgment rendered by the Apex Court in , the present application seeking leave to appeal Hoshiarpur with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Hoshiarpur forthwith. miscellaneous applications, if SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document 239 CRM-A-283-2023 (O&M) 7. A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. 22.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 2023 (O&M) A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No -3 A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document