IN THE 269 M/s Mahindra & Mahindra Limited M/s United Tractors and another CORAM: Present : HARPREET SINGH BRAR 1. 378(4) of the Code of Criminal Procedure, 1973 seeking grant of leave to appeal the judgment of acquittal dated passed by the learned complaint filed under (hereinafter ‘NI Act’) 2. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a r Cr.P.C. before the Court of Sessions. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, applying the doctrine of prospectiv overruling, the Hon’ble Supreme Court in 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M/s Mahindra & Mahindra Limited VERSUS M/s United Tractors and another HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. J.S. Mehndiratta, Advocate for the appellant. **** HARPREET SINGH BRAR, J. (Oral) The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 seeking grant of leave to appeal the judgment of acquittal dated passed by the learned Judicial Magistrate 1 complaint filed under Section 138 of Negotiable Instruments Act, 1881 er ‘NI Act’). The Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis 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. Reliance in this regard can also be Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, applying the doctrine of prospectiv overruling, the Hon’ble Supreme Court in HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-545-2025(O&M) Date of Decision: July 30, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR Mr. J.S. Mehndiratta, Advocate for the appellant. 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 the judgment of acquittal dated 29.01.2025 Judicial Magistrate 1st Class SAS Nagar, Mohali, in a 138 of Negotiable Instruments Act, 1881 The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., ight to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be Satish Kumar Versus Jugal Kishor in CRM-A-2700-MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospectiv overruling, the Hon’ble Supreme Court in Directorate of Revenue , 2025 Appellant .....Respondents The present application has been preferred under Section (hereinafter ‘CR.P.C.’) 29.01.2025 in a 138 of Negotiable Instruments Act, 1881 M/s. Celestium Financial vs. A. , after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., ight to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be 2018 decided on 02.07.2025. Further still, applying the doctrine of prospective Directorate of Revenue PUNEET CHAWLA 2025.08.01 18:14 I attest to the accuracy and integrity of this document 2 Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively. 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, SAS Nagar Mohali 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 on merits. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, SAS Nagar Mohali, forthwith. 5. Disposed of, accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE July 30, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.08.01 18:14 I attest to the accuracy and integrity of this document