255-4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-845-MA-2017 (O&M) DECIDED ON: 05.08.2025 YOGENDER KUMAR .....APPELLANT VERSUS RAM MILAN .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Arun Dogra, Advocate for the appellant. SANDEEP MOUDGIL, J (ORAL) CRM-14151-2017 This is an application under Section 5 of Limitation Act for condonation of delay of 30 days in filing the accompanied appeal. For the reasons mentioned in the application, the same is allowed. Delay of 30 days in filing the present appeal, is hereby condoned. CRM-A-845-MA-2017 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 15.12.2016 passed by the learned Judicial Magistrate Ist Class, Chandigarh 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 MEENU 2025.08.18 11:58 I attest to the accuracy and integrity of this document CRM-A-845-MA-2017 (O&M) -2- 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 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. 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. (SANDEEP MOUDGIL) 05.08.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.08.18 11:58 I attest to the accuracy and integrity of this document