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2025 DAILYLAW 28833 (PNJ)

COMPANY CROPSCIENCE v. KISAN KHAD BEEJ BHANDAR AND ANOTHER

CRM-A/454/2023 · 2025-09-22

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 295 CRM-A-454-2023 Date of decision: 22.09.2025 COMPANY CROPSCIENCE ...Applicant VERSUS KISAN KHAD BEEJ BHANDAR AND ANOTHER ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Annie, Advocate for the applicant. (Through Video Conferencing). ***** VINOD S. BHARDWAJ, 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 against the judgment of acquittal dated 12.01.2023 passed by the learned Judicial Magistrate, 1st Class Hisar in a case stemming from criminal complaint dated 29.10.2018 filed under Section 138 of the Negotiable Instruments Act, 1881. 2. The complaint (supra) was filed on the ground of dishonour of cheque of Rs.1,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 12.01.2023. 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. VISHAL SHARMA 2025.09.23 10:29 I attest to the accuracy and integrity of this document CRM-A-454-2023 -2- 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Hisar with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Hisar forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) SEPTEMBER 22, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHAL SHARMA 2025.09.23 10:29 I attest to the accuracy and integrity of this document