237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 23.09.2025 1. CRM-A-2756-2019 SURINDER MOHAN ...APPLICANT V/S TEJBIR SINGH ...RESPONDENT 2. CRM-A-2757-2019 SURINDER MOHAN ...APPLICANT V/S TEJBIR SINGH ...RESPONDENT CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Ms. Vidushi Kumar, Advocate for Mr. Surya Kumar, Advocate for the applicant(s). Mr. J.S. Salana, Advocate and Ms. Harsimran Kaur, Advocate for the respondent(s). **** SUBHAS MEHLA, J. (ORAL) 1. This order of mine shall dispose of both the aforementioned applications as facts to the lis are identical. For the sake of brevity, facts are borrowed from CRM-A-2756-2019 titled as Surinder Mohan vs. Tejbir Singh. MANISHA 2025.09.30 10:43 I attest to the accuracy and integrity of this document CRM-A-2756-2019 & -2- 01 connected case 2. The present applications have been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment(s) of acquittal dated 09.10.2019 passed by learned Judicial Magistrate 1st Class, Rajpura in complaint cases filed under Section(s) 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 3. 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. Reliance in this regard can also be placed on 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 Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively. 4. Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present applications seeking leave to appeal are remanded back to the learned Sessions Judge concerned with a direction to treat the same as filed under Section 372 of the Cr.P.C. and to dispose of by himself/herself or entrust them to appropriate Court for their disposal. 5. The Registry is directed to send the complete paper-books and the record of the cases to the learned Sessions Judge concerned forthwith. MANISHA 2025.09.30 10:43 I attest to the accuracy and integrity of this document CRM-A-2756-2019 & -3- 01 connected case 6. Disposed of accordingly. 7. A photocopy of this order be placed on the file of other connected case. (SUBHAS MEHLA) September 23, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.09.30 10:43 I attest to the accuracy and integrity of this document