IN THE 323 Pawan Aggarwal M/s J.V. Interior and another CORAM: Present : HARPREET SINGH BRAR 1. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the 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 that the victim has a right to file an appeal under Se 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 doctrine of prospective overruling, the Hon’ble Supre 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Pawan Aggarwal VERSUS M/s J.V. Interior and another HON'BLE MR. JUSTICE HARPREET Mr. Rishabh Gupta, Advocate for the appellant. **** 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 passed by the learned Judicial Magistrate complaint filed under Section 138 of Negotiable Instruments Act, 1881 (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 Se 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 doctrine of prospective overruling, the Hon’ble Supreme Court in HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1396-2023 Date of Decision: August 05, 2025 .....Appellant VERSUS .....Respondent HARPREET SINGH BRAR Mr. Rishabh Gupta, Advocate for the appellant. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) judgment of acquittal dated 07.07.2023 Judicial Magistrate 1st Class Hoshiarpur, in a 138 of Negotiable Instruments Act, 1881 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., 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 in CRM-A-2700-MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospective me Court in Directorate of Revenue , 2025 Appellant .....Respondents The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) 07.07.2023 in a 138 of Negotiable Instruments Act, 1881 M/s. Celestium Financial vs. A. , after considerable deliberation and comparative analysis of Sections 372 and 378(4) of Cr.P.C., ction 372 of Cr.P.C. before the Court of Sessions. Reliance in this regard can also be 2018 decided on 02.07.2025. Further still, applying the doctrine of prospective Directorate of Revenue PUNEET CHAWLA 2025.08.06 16:34 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, Hoshiarpur 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, Hoshiarpur, forthwith. 5. Disposed of, accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE August 05, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.08.06 16:34 I attest to the accuracy and integrity of this document