Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA 243
Joginder (since deceased) through his LR
Sahil
CORAM : HON'BLE MR. JUSTICE
Present :- Mr.
VINOD S. BHARDWAJ
CRM-18709-2024 Prayer 12 days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 12 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 stemming from Negotiable Instruments Act, 1881
2. The complaint (supra) was filed on the ground of dishonor of cheque of Rs.12,0 record, the learned trial Court acquitted the respondent(s) vide judgment IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-A-613 Date of decision:
Joginder (since deceased) through his LR
VERSUS
HON'BLE MR. JUSTICE VINOD S. BHARDWAJ r. Vishal Sharda, 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 12 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 passed by the learned Judicial Magistrate First Class complaint dated 03.06.2017 filed Negotiable Instruments Act, 1881. The complaint (supra) was filed on the ground of dishonor of 12,00,000/-. After assessing all th record, the learned trial Court acquitted the respondent(s) vide judgment
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 613-2024 (O&M) Date of decision: 22.09.2025
...Applicant ...Respondent VINOD S. BHARDWAJ 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 03.02.2024 Magistrate First Class, Rohtak in a case filed under Section 138 of the The complaint (supra) was filed on the ground of dishonor 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
243 CRM-A-613-202
dated 03.02.2024
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) 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 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 the record of the case to the learned Sessions Judge
6.
Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of.
22.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable
2024(O&M)
03.02.2024.
Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in lestium 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, Rohtak 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
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. lestium 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 , the present application seeking leave to appeal Rohtak 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. to send the complete paper-book and the record of the case to the learned Sessions Judge, Rohtak forthwith.
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