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High Court of Punjab and Haryana · body

2025 DAILYLAW 34103 (PNJ)

SURENDER SINGH v. CHARAN SINGH

CRM-A/444/2025 · 2025-09-23

Vinod S Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA 246 Surender Singh Charan Singh CORAM : HON'BLE MR. JUSTICE Present :- Ms. Tanya Vashist, Advocate for Mr. S.S. Nain, Advocate, VINOD S. BHARDWAJ CRM-11006-2025 Allowed, as prayed for. Main case The present application has to appeal against learned Judicial Ma complaint dated 06.07.2021 Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.4,50 record, the learned trial dated 14.01.2025 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RC 208, the applicant would have a remedy before the Court of Sessions. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-444 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ s. Tanya Vashist, Advocate for Mr. S.S. Nain, Advocate, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 2025 Allowed, as prayed for. The present application has been filed for against the judgment of acquittal dated Judicial Magistrate First Class, Bhiwani dated 06.07.2021 filed under Section 138 Instruments Act, 1881. The complaint (supra) was filed on th 4,50,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 14.01.2025. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RC the applicant would have a remedy before the Court of Sessions. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 444-2025 (O&M) Date of decision: 23.09.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ for the applicant. been filed for seeking grant of leave judgment of acquittal dated 14.01.2025 passed by the gistrate First Class, Bhiwani in a case stemming from Section 138 of the Negotiable The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the Court acquitted the respondent(s) vide judgment 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) the applicant would have a remedy before the Court of Sessions. SUMIT SINGH GUSAIN 2025.09.26 15:16 I attest to the accuracy and integrity of this document 246 CRM-A-444 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra) is remanded to the learned Sessions Judge 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 the record of the case to the 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 23.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 444-2025 (O&M) n view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application to the learned Sessions Judge, Bhiwani 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. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 n view of the judgment rendered by the Apex Court in , the present application seeking leave to appeal Bhiwani 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. The Registry is directed to send the complete paper-book and learned Sessions Judge, Bhiwani forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.26 15:16 I attest to the accuracy and integrity of this document