IN THE 270 Pankaj Gupta Jasbir Singh CORAM: Present : HARPREET SINGH BRAR 1. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated passed by the learned complaint filed under (hereinafter ‘NI Act’) 2. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, a 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Pankaj Gupta VERSUS Jasbir Singh HON'BLE MR. JUSTICE HARPREET SINGH Ms. Ayushi Yadav, Advocate for the appellant. Mr. Sunny K. Singla, Advocate for the respondent **** HARPREET SINGH BRAR, J. (Oral) The present application has been preferred under Section of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated passed by the learned Sub Divisional Judicial Magistrate complaint filed under Section 138 of Negotiabl (hereinafter ‘NI Act’). The Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, applying the doctrine of prospective HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-2212-MA-2017(O&M) Date of Decision : July 29, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR , Advocate for Mr. R.M Sharma, Advocate for vocate for the respondent The present application has been preferred under Section of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated 02.08.2017 Judicial Magistrate Dhuri, in a of Negotiable Instruments Act, 1881 The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be Satish Kumar Versus Jugal Kishor in CRM-A-2700-MA-2018 pplying the doctrine of prospective 2017(O&M) , 2025 Appellant .....Respondent Mr. R.M Sharma, Advocate for The present application has been preferred under Section of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) 02.08.2017 in a e Instruments Act, 1881 M/s. Celestium Financial vs. A. , after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be 2018 pplying the doctrine of prospective PUNEET CHAWLA 2025.07.31 13:45 I attest to the accuracy and integrity of this document 2 overruling, the Hon’ble Supreme Court in Directorate of Revenue Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively. 3. Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Sangrur with a direction to treat the same as filed under Section 372 of the Cr.P.C and entrust it to appropriate Court for its disposal on merits. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Sangrur, forthwith. 5. Disposed of, accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE July 29, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.07.31 13:45 I attest to the accuracy and integrity of this document