IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 226 CRM-A-2170-2019 Date of decision: 24.09.2025 BUNNY BAWEJA ...Applicant VERSUS STATE OF PUNJAB AND OTHERS ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Shivam Goyal, Advocate for the applicant. Mr. Aayush Gupta, Advocate for respondents No.2 and 3. ***** 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 27.05.2019 passed by the learned Judicial Magistrate, 1st Class Ludhiana in a case stemming from criminal complaint No. CIS: COMA/5724 dated 10.06.2016 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. 2,00,000/- After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 27.05.2019. 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. VISHAL SHARMA 2025.09.27 11:34 I attest to the accuracy and integrity of this document CRM-A-2170-2019 -2- 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, Ludhiana 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, Ludhiana 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 2025.09.27 11:34 I attest to the accuracy and integrity of this document