Extracted from the PDF above. The PDF is authoritative.
CRM-A-1547-2023 1 238
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1547-2023 (O&M) DECIDED ON: 14.07.2025 M/ JASCO PAPER PRODUCT …APPLICANT/APPELLANT Versus M/S SHREE AROGYAM INC ...RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Maninder Arora, Advocate for the appellant. **** SANDEEP MOUDGIL
, J.(ORAL)
1. The present 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 21.08.2023 passed by the learned JMIC, Chandigarh in a case 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) 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. Anuradha 2025.07.15 23:17 I attest to the accuracy and integrity of this document
CRM-A-1547-2023 2
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, Chandigarh 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.
4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Chandigarh forthwith.
5.
Disposed of accordingly.
6. Pending miscellaneous applications, if any, also stand disposed of.
(SANDEEP MOUDGIL) 14.07.2025
JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.07.15 23:17 I attest to the accuracy and integrity of this document