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2025 DAILYLAW 41567 (PNJ)

SAFAL FEEDS LOHARU v. SHRI MAHAVIR

CRM-A/661/2024 · 2025-09-22

Vinod S Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA 245 Safal Feeds Loharu through Parveen Kumar Shri Mahavir CORAM : HON'BLE MR. JUSTICE Present :- Mr. VINOD S. BHARDWAJ CRM-19704-2024 Prayer in the present application 35 days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 35 condoned. Main case The present application has of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learned Additio a case stemming from Section 138 of the Negotiable Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.8,46,200/ record, the learned trial Court acquitted the respondent(s) vide judgment IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-661 Date of decision: Safal Feeds Loharu through Parveen Kumar VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Sushil Sheoran, Advocate for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 2024 ayer in the present application is for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 35 days in filing application The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal against the judgment of acquittal dated e learned Additional Chief Judicial Magistrate, Charkhi Dadri a case stemming from complaint dated 02.01.2017/14.06.2022 Section 138 of the Negotiable Instruments Act, 1881 The complaint (supra) was filed on th .8,46,200/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 661-2024 (O&M) Date of decision: 22.09.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ for the applicant. s for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is days in filing application for leave to appeal is been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 20.01.2024 nal Chief Judicial Magistrate, Charkhi Dadri in complaint dated 02.01.2017/14.06.2022 filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment SUMIT SINGH GUSAIN 2025.09.25 11:04 I attest to the accuracy and integrity of this document 245 CRM-A-661 dated 20.01.2024 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by th Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra) is remanded to the learned Sessions Judge 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 merit 5. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 22.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 661-2024 (O&M) 20.01.2024 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) RCR (Criminal) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application to the learned Sessions Judge, Charkhi Dadri 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 merit 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 Learned counsel appearing on behalf of the applicant submits e 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. n view of the judgment rendered by the Apex Court in present application seeking leave to appeal Charkhi Dadri 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 the record of the case to the learned Sessions Judge, Charkhi Dadri Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.25 11:04 I attest to the accuracy and integrity of this document