301 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1619-2023 (O&M) DECIDED ON: 20.08.2025 RAMKARAN SAINI .....APPELLANT(S) VERSUS STATE OF HARYANA AND ANOTHER .....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Pardeep Panwar, Advocate for the appellant(s). Ms. Chhavi Sharma, AAG, Haryana. **** SANDEEP MOUDGIL, 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 04.10.2023 passed by the Sub Divisional Judicial Magistrate, Pehowa 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 2025.08.21 05:34 I agree to specified portions of this document CRM-A-1619-2023(O&M) 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, Kurukshetra 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, Kurukshetra forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (SANDEEP MOUDGIL) 20.08.2025 JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.08.21 05:34 I agree to specified portions of this document