241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-14901-2025 in/and CRM-A-637-2025 (O&M) DATE OF DECISION : 14.07.2025 SHRI RAM FINANCE LTD. .......APPELLANT(s) VERSUS M/S SHRI GURU NANAK MEDICAL HALL .....RESPONDENT(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Kanwar Mehtaab Singh Jakhar, Advocate for the appellant(s). *** SANDEEP MOUDGIL, J.(Oral) CRM-14901-2025 This application has been filed under Section 5 of the Limitation Act for condonation of delay of 24 days in filing the appeal. For the reasons mentioned in the application and in view of the submission made by learned counsel for the applicant, the application is allowed and delay of 24 days in filing the appeal is condoned. Main case 1. The present application has been preferred under Section Anuradha 2025.07.16 22:12 I attest to the accuracy and integrity of this document CRM-14901-2025 in/and 2 CRM-A-637-2025 (O&M) 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated 19.12.2024 passed by the learned JMIC, Faridkot 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 Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Faridkot 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, Faridkot forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (SANDEEP MOUDGIL) 14.07.2025 JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.07.16 22:12 I attest to the accuracy and integrity of this document