IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 232 CRA-AS-130-2024 Date of decision: 17.09.2025 SATNAM SINGH ...Applicant VERSUS MUNISH KUMAR ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Chirag Sharma as Legal Aid Counsel, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 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 against the judgment of acquittal dated 05.12.2011 passed by the learned Judicial Magistrate First Class, Patiala stemming out from complaint dated 17.08.2007 filed under Section 138 of the Negotiable Instruments Act, 1881. 2. It is noticed that the instant application pertains to the year 2024, however, no one has entered appearance on behalf of the applicant, hence, it is deemed expedient to nominate a Legal Aid Counsel. Mr. Chirag Sharma, Advocate, Enrollment No. UK/2084/2024, Mobile No. 7302799366 who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant to arrive at a decision. He has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated 05.12.2011 passed by the Judicial VISHAL SHARMA 2025.09.18 17:12 I attest to the accuracy and integrity of this document CRA-AS-130-2024 -2 Magistrate 1st Class, Patiala, in complaint No. 2599-T dated 17.08.2007 filed under Section 138 of the Negotiable Instruments Act, 1881. He fairly 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. 3. The complaint (supra) was filed on the ground of dishonour of cheque issued by the accused-respondent bearing No. 49395 for Rs. 2 lakhs. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 05.12.2011. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Patiala 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, Patiala forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 7. A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. (VINOD S. BHARDWAJ) 17.09.2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHAL SHARMA 2025.09.18 17:12 I attest to the accuracy and integrity of this document