IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 238 CRM-A-599-2025 (O&M) Date of decision: 24.09.2025 M/S SHRIRAM TRANSPORT FINANCE COMP. LTD ...Applicant VERSUS VARINDER KUMAR ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. G.S. Sandhu, Advocate for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) The present application has been preferred seeking grant of leave to appeal against the judgment of acquittal dated 05.03.2025 passed by the learned Judicial Magistrate, 1st Class Pathankot in a case stemming from criminal complaint 03.03.2020 filed under Section 138 of the Negotiable Instruments Act, 1881. 2. The complaint (supra) was filed on the ground of dishonour of cheque of Rs.55,291- After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 05.03.2025. 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. 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 VISHAL SHARMA 2025.09.29 18:57 I attest to the accuracy and integrity of this document CRM-A-599-2025 (O&M) -2- Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Pathankot 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. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Pathankot forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) SEPTEMBER 24, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHAL SHARMA 2025.09.29 18:57 I attest to the accuracy and integrity of this document