CRM-A-595-MA-2017 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 254 CRM-A-595-MA-2017 (O&M) DATE OF DECISION :23.07.2025 SWARN SINGH .......APPELLANT(s) VERSUS RAJINDER SINGH .....RESPONDENT(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Garima Arora, Advocate and Mr. Pragun Marwaha, Advocate for Mr. J.S. Jaidka, Advocate for the applicant/appellant(s). *** 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 20.01.2017 passed by the learned JMIC, Ludhiana 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. 3. Therefore, in view of the judgment rendered by the Apex Court in Anuradha 2025.07.28 22:57 I agree to specified portions of this document CRM-A-595-MA-2017 2 Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Ludhiana 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, Ludhiana forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (SANDEEP MOUDGIL) 23.07.2025 JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.07.28 22:57 I agree to specified portions of this document