Extracted from the PDF above. The PDF is authoritative.
ANJAL GUPTA 2025.08.11 18:19 I attest to the accuracy and integrity of this document
CRM-A-570-2022 2 to dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C. without the requirement of seeking special leave under Section 378(4) of the Cr.P.C. The learned counsel for the applicant has submitted that the applicant would like to exercise the option available to him before the Sessions Court.
4. Adopting a pragmatic and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of Cr.P.C.
5. In conclusion, this Court is duty bound to harmonize contrasting provisions in a manner that best serves the interest of justice, using the method of librere cherche scientifique i.e. free scientific research. Therefore, in view of the judgment rendered by the Hon’ble Supreme Court in Celestium Financial (supra) and the fact that the present application for leave to appeal is pending since 2022, learned Sessions Judge, Barnala, is
directed to treat the present appeal, as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal.
6. The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon’ble Supreme Court.
ANJAL GUPTA 2025.08.11 18:19 I attest to the accuracy and integrity of this document
CRM-A-570-2022 3
7. The Registry is directed to transmit this order along with the copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge concerned.
8.
Disposed of accordingly.
(SURYA PARTAP SINGH)
JUDGE
AUGUST 06, 2025 Anjal Whether speaking / reasoned Yes/No Whether Reportable
Yes/No ANJAL GUPTA 2025.08.11 18:19 I attest to the accuracy and integrity of this document