IN THE HIGH COURT OF PUNJAB & HARYANA 242 Surjit Singh Jasdeep Singh Walia CORAM : HON'BLE MR. JUSTICE Present :- Mr. Ms. Manisha, VINOD S. BHARDWAJ The present the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) judgment of acquittal dated Magistrate First Class, No.COMA/2199 of 2018 Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.12 record, the learned trial Court acquitted the respondent(s) vide judgment dated 12.04.2023 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Sup 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-AS- Date of decision: VERSUS Walia HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Vikas Singh, Advocate and Ms. Manisha, Advocate for the appellant ***** VINOD S. BHARDWAJ, J. (Oral) The present appeal has been preferred under the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) judgment of acquittal dated 12.04.2023 passed by th Magistrate First Class, Patiala in a case stemming from No.COMA/2199 of 2018 filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint (supra) was filed on th 12,50,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 12.04.2023 Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Sup Celestium 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 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -239-2024 (O&M) Date of decision: 23.09.2025 ...Appellant ...Respondent VINOD S. BHARDWAJ appellant. been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) against the passed by the learned Judicial in a case stemming from complaint CIS Section 138 of the Negotiable The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 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) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in SUMIT SINGH GUSAIN 2025.09.25 17:06 I attest to the accuracy and integrity of this document 242 CRA-AS-2 Celestium Financial (supra) Sessions Judge, 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 the record of the case to the learned Sessions Judge 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 23.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 239-2024(O&M) Celestium Financial (supra), the present appeal is , 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. The Registry is directed to send the complete 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 al is remanded to the learned 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 The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Patiala forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.25 17:06 I attest to the accuracy and integrity of this document