Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 23345 (PNJ)

SANDEEP KUMAR v. M/S LOTUS CHEMICAL INDUSTRY THROUGH ITS PROPRIETOR AND ANR

CRM-A/377/2020 · 2025-09-22

Vinod S Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA 237 Sandeep Kumar M/s Lotus Chemical Industry and another CORAM : HON'BLE MR. JUSTICE Present :- Mr. Parminder Pal Singh Thethi, Advocate, (through V.C.) VINOD S. BHARDWAJ The present application has of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learn stemming from Negotiable Instruments Act, 1881 2. The complaint (supra) was filed on the ground of dishonor of cheque of Rs.2,40,000/ record, the learned trial Court acquitted the respondent(s) vide judgment dated 13.12.2019 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Su Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-377 Date of decision: Sandeep Kumar VERSUS Lotus Chemical Industry and another HON'BLE MR. JUSTICE VINOD S. BHARDWAJ r. Parminder Pal Singh Thethi, Advocate, (through V.C.) for the applicant. ***** S. BHARDWAJ, J. (Oral) The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal against the judgment of acquittal dated learned Judicial Magistrate First Class case No.233 dated 27.07.2016 filed Negotiable Instruments Act, 1881. The complaint (supra) was filed on the ground of dishonor of cheque of Rs.2,40,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 13.12.2019. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Su Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 377-2020 (O&M) Date of decision: 22.09.2025 ...Applicant ...Respondents VINOD S. BHARDWAJ r. Parminder Pal Singh Thethi, Advocate, been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 13.12.2019 Judicial Magistrate First Class, Sangrur in a case case No.233 dated 27.07.2016 filed under Section 138 of the The complaint (supra) was filed on the ground of dishonor of After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment Learned counsel appearing on behalf of the applicant 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) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in SUMIT SINGH GUSAIN 2025.09.25 11:04 I attest to the accuracy and integrity of this document 237 CRM-A-377-202 Celestium Financial (supra) is remanded to the learned Sessions Judge 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. 5. The Registry is the record of the case to the learned Sessions Judge 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 22.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 2020(O&M) Celestium Financial (supra), the present application to the learned Sessions Judge, Sangrur 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 the record of the case to the learned Sessions Judge Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 lication seeking leave to appeal Sangrur 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. directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Sangrur forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.25 11:04 I attest to the accuracy and integrity of this document