259 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-2471-MA-2017 Date of decision: 30.07.2025 Vinod Tanwar ....Applicant Versus Sandeep Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Gaurav Gaur, Advocate for the applicant. Mr. Sumit Sangwan, advocate for the respondent. HARPREET SINGH BRAR, J. (ORAL) 1. 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 05.07.2017 passed by the learned Additional Chief Judicial Magistrate, Bhiwani, in a complaint filed under Section 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) R.C.R. (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 placed on Satish Kumar vs. 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 Neha 2025.08.01 14:12 I attest to the accuracy and integrity of this document CRM-A-2471-MA-2017 -2- Arora in 2025 SCC OnLine SC 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, Bhiwani, 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, Bhiwani, forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (HARPREET SINGH BRAR) JUDGE 30.07.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.08.01 14:12 I attest to the accuracy and integrity of this document