IN THE 268 Daya Ram Ranjit Singh @ Anil Chodhary and another CORAM: Present : HARPREET 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 Jagadhri, in a complaint filed under Act, 1881 (hereinafter ‘NI Act’) 2. Gnanasekaran Etc., 2025(3) RCR 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 a placed on Satish Kumar Versus Jugal Kishor 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH VERSUS Ranjit Singh @ Anil Chodhary and another HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Ravinder Bhatnagar, Advocate for the appellant. Mr. Naveen Sheoran, Sr. DAG, Haryana. Mr. Anmol Singh Virk, Advocate for Mr. Sushank Sharma, 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 dated passed by the learned Judicial Magistrate 1 in a complaint filed under Section 138 (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 a Satish Kumar Versus Jugal Kishor HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-589-MA-2017(O&M) Date of Decision : July 29, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR Mr. Ravinder Bhatnagar, Advocate for the appellant. Sheoran, Sr. DAG, Haryana. Mr. Anmol Singh Virk, Advocate for Mr. Sushank Sharma, 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 05.12.2016 dicial Magistrate 1st Class Yamuna Nagar at Section 138 of Negotiable Instruments The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. (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 , 2025 Appellant .....Respondents Mr. Anmol Singh Virk, Advocate for Mr. Sushank Sharma, The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) 2.2016 Yamuna Nagar at of Negotiable Instruments 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 lso be 2018 PUNEET CHAWLA 2025.07.31 13:45 I attest to the accuracy and integrity of this document 2 decided on 02.07.2025. Further still, applying the doctrine of prospective 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, Yamuna Nagar at Jagadhri 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, Yamuna Nagar at Jagadhri, 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