IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal (A-SB) No. 27 of 2025 Date of Decision : 1.12.2025 Puran Chand ....Appellant Versus Rohit Gupta ....Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? 1 No. For the appellant : Mr P.K. Verma, Advocate, vice Mr Kulbhushan Khajuria, Advocate. For the respondent : None. Rakesh Kainthla, Judge (Oral) Learned counsel for the appellant has submitted that he wants to approach the Court of Sessions. The Hon’ble Supreme Court held in M/s Celestium Financial Vs. A. Ganasekaran, etc. 2025 INSC 804, that the complainant in a complaint under Section 138 of the Negotiable Instruments Act (NI Act) has a right to file an appeal under the proviso to Section 372 of Cr.P.C. In view of the binding precedent of the Hon’ble Supreme Court, the petitioner is permitted to withdraw the present petition to approach the Court of Sessions. Ordered accordingly. The pending miscellaneous application(s), if any, also stand(s) disposed of. (Rakesh Kainthla) Judge 1st December, 2025 (Nikita) 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.