247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-814-MA-2018 (O&M) DECIDED ON: 31.07.2025 LABH SINGH .....APPELLANT VERSUS NARENDER KUMAR SHARMA AND ANR .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. APS Mann, Advocate for the appellant Mr. Saurabh Sharma, Advocate for respondent No.1. Ms. Mayuri Lakhanpal Kalia, DAG Haryana SANDEEP MOUDGIL, J (ORAL) 1. 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 the judgment of acquittal dated 12.03.2018 passed by the learned Judicial Magistrate Ist Class, Kurukshetra in a case filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. The Hon’ble Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation 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. MEENU 2025.08.04 12:06 I attest to the accuracy and integrity of this document CRM-A-814-MA-2018 (O&M) -2- 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, Kurukshetra 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. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Kurukshetra forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (SANDEEP MOUDGIL) 31.07.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.08.04 12:06 I attest to the accuracy and integrity of this document