IN THE 139 M/s Prime Cardiac Care Pvt Ltd. Smt. Amandeep Kaur 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 14.08.2014 in a complaint filed under 1881 (hereinafter ‘NI Act’). 2. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation concluded that the victim has a right to file an Cr.P.C. before the Court of Sessions. placed on Satis decided on 02.07.2025. Further still, applying the doctrine of prospective 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Prime Cardiac Care Pvt Ltd. VERSUS Smt. Amandeep Kaur HON'BLE MR. JUSTICE HARPREET SINGH BRAR Ms. Vanshika Daaria, Advocate for Mr. Viabhav Narang, Advocate for the appellant. Mr. Amit Thakur, Advocate for Ms. Promila Nain, Advocate for the respondent. **** HARPREET SINGH BRAR, J. (Oral) 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 passed by the learned Judicial Ma in a complaint filed under Section 138/142 (hereinafter ‘NI Act’). The Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis of Sections 372 concluded that the victim has a right to file an Cr.P.C. before the Court of Sessions. Reliance 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-1753-MA-2014 Date of Decision : July 28, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR Ms. Vanshika Daaria, Advocate for Mr. Viabhav Narang, Mr. Amit Thakur, Advocate for Ms. Promila Nain, Advocate 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 order dated Judicial Magistrate 1st Class Chandigarh /142 of Negotiable Instruments Act, The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable 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 Reliance in this regard can also be h Kumar Versus Jugal Kishor in CRM-A-2700-MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospective , 2025 Appellant .....Respondent The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) dated Chandigarh, of Negotiable Instruments Act, M/s. Celestium Financial vs. A. considerable and 378(4) of Cr.P.C., appeal under Section 372 of in this regard can also be 2018 decided on 02.07.2025. Further still, applying the doctrine of prospective PUNEET CHAWLA 2025.07.29 10:52 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, Chandigarh 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, Chandigarh, forthwith. 5. Disposed of, accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE July 28, 2025 P.C/Manisha Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.07.29 10:52 I attest to the accuracy and integrity of this document