IN THE 280 Abhishek Garg M/s Rudra Industries and another CORAM: Present : HARPREET SINGH BRAR 1. 378(4) of the Code of seeking grant of leave to appeal the judgment of acquittal dated passed by the learned complaint filed under (hereinafter ‘NI Act’) 2. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., concluded tha Cr.P.C. before the Court of Sessions. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, applying the do overruling, the Hon’ble Supreme Court in 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Abhishek Garg VERSUS M/s Rudra Industries and another HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Aman Kashyap and Ms. Priyanka, Rani, Advocates for the appellants. **** HARPREET SINGH BRAR, 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 the judgment of acquittal dated passed by the learned Additional Chief Judicial Magistrate complaint filed under Section 138 of Negotiable Instruments (hereinafter ‘NI Act’). The Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 deliberation and comparative analysis 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 Satish Kumar Versus Jugal Kishor decided on 02.07.2025. Further still, applying the do overruling, the Hon’ble Supreme Court in HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-736-2022(O&M) Date of Decision : July 29, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR Mr. Aman Kashyap and Ms. Priyanka, Rani, Advocates for the The present application has been preferred under Section Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated 02.08.2022 Judicial Magistrate Mansa, in a of Negotiable Instruments Act, 1881 The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., t 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 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 , 2025 Appellant .....Respondents Mr. Aman Kashyap and Ms. Priyanka, Rani, Advocates for the The present application has been preferred under Section Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) 02.08.2022 in a Act, 1881 M/s. Celestium Financial vs. A. , after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., t 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 2018 ctrine of prospective Directorate of Revenue PUNEET CHAWLA 2025.07.31 13:45 I attest to the accuracy and integrity of this document 2 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 application seeking leave to appeal is remanded back to the learned Sessions Judge, Mansa with a direction to treat the same as filed under Section 372 of the Cr.P.C and entrust it to appropriate Court for its disposal on merits. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Mansa, forthwith. 5. Disposed of, accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE July 29, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.07.31 13:45 I attest to the accuracy and integrity of this document