246 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 15.09.2025 1. CRA-AS-211-2024 M/S SURAJ SECURITY SERVICE ...APPELLANT V/S M/S JAI LAXMI LIGHTING INDUSTRIES PVT LTD AND ANOTHER ...RESPONDENTS 2. CRA-AS-204-2024 M/S SURAJ SECURITY SERVICE ...APPELLANT V/S M/S JAI LAXMI LIGHTING INDUSTRIES PVT LTD AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Vikas Kumar, Advocate for the appellant(s). **** SUBHAS MEHLA, J. (ORAL) 1. This order of mine shall dispose of both the above-mentioned appeals, as parties to the lis and the issues therein are similar in nature. However, for the sake of brevity, the facts are borrowed from CRA-AS-211- 2024 titled as ‘M/s Suraj Security Service vs. M/s Jai Laxmi Lighting Industries Pvt Ltd and another. 2. The present appeals have 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 judgments of acquittal dated 20.12.2019 passed by MANISHA 2025.09.24 15:45 I attest to the accuracy and integrity of this document CRA-AS-211-2024 2 & 01 connected case learned Judicial Magistrate 1st Class, Faridabad in complaint cases filed under Section (s)138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. The Hon’ble Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor in CRM-A-2700-MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospective overruling, the Hon’ble Supreme Court in Directorate of Revenue Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively. 3. Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present appeals seeking leave to appeal are remanded back to the learned Sessions Judge concerned, with a direction to treat the same as filed under Section 372 of the Cr.P.C. and to dispose of by himself/herself or entrust them to appropriate Court for their disposal. 4. The Registry is directed to send the complete paper-books and the record of the cases to the learned Sessions Judge, concerned forthwith. 5. Disposed of accordingly. 6. A photocopy of this order be placed on the file of other connected case. (SUBHAS MEHLA) September 15, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.09.24 15:45 I attest to the accuracy and integrity of this document