IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 233 CRM-A-68-2024 (O&M) Date of decision: 17.09.2025 ASHOK KUMAR SINCE DECEASED THR HIS LRS. ...Applicants VERSUS RENU ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Tejinder Kaur as Legal Aid Counsel, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) CRM-2717-2024 Prayer in the application is for condonation of delay of 43 days in filing the appeal. For the reasons mentioned in the application, the same is allowed and delay of 43 days in filing the appeal is condoned. CRM-A-68-2024 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 against the judgment of acquittal dated 14.09.2023 passed by the learned Judicial Magistrate First Class, Ganaur stemming out from criminal case No. COMA/65/2018 filed under Section 138 of the Negotiable Instruments Act, 1881. 2. It is noticed that the instant application pertains to the year VISHAL SHARMA 2025.09.19 16:37 I attest to the accuracy and integrity of this document CRM-A-68-2024 (O&M) -2 2024, however, no one has entered appearance on behalf of the applicant, hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. Tejinder Kaur, Advocate, Enrollment No. PH/3865/2019 who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant to arrive at a decision. She has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated 14.09.2023 passed by the Judicial Magistrate 1st Class, Ganaur, in Criminal Case No. COMA/65/2018 filed under Section 138 of the Negotiable Instruments Act, 1881. She fairly submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 3. The complaint (supra) was filed on the ground of dishonour of cheque issued by the accused-respondent bearing No. 867898 amounting to Rs. 12,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 14.09.2023. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Sonipat with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Sonipat forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if VISHAL SHARMA 2025.09.19 16:37 I attest to the accuracy and integrity of this document CRM-A-68-2024 (O&M) -3 any, also stand disposed of. LRs of the applicant are at liberty to take all pleas before the learned trial Court as per law. 7. A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. (VINOD S. BHARDWAJ) 17.09.2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHAL SHARMA 2025.09.19 16:37 I attest to the accuracy and integrity of this document