Raj Kumar Vs Hardeep Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

Raj Kumar Vs Hardeep Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appeal remanded to the learned Sessions Judge, Fatehgarh Sahib for entrustment to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and record to the learned Sessions Judge, Fatehgarh Sahib forthwith; appeal disposed of accordingly along with pending miscellaneous applications, if any; copy of the order to be sent to the High Court Legal Service Committee.

Issue for consideration

Whether, in view of the Supreme Court's judgment in Celestium Financial, the appellant's remedy against the acquittal lies before the Court of Sessions, so that the present High Court appeal should be remanded for disposal on merits

Court's answer

In view of the Apex Court judgment in Celestium Financial, the present appeal is remanded to the learned Sessions Judge, Fatehgarh Sahib with a direction to entrust the same to the appropriate Court for its disposal on merits.

Detailed headnote1 paragraphs

Criminal Appeal (CRA-S-4626-SB-2014 (O&M)), High Court of Punjab & Haryana at Chandigarh, decided 11.12.2025 by Hon'ble Mr. Justice Vinod S. Bhardwaj (Oral). The appeal of 2014 challenged a judgment of acquittal dated 15.05.2014 passed by the learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib in complaint NACT/455/13 under Section 138 of the Negotiable Instruments Act, 1881, arising from dishonour of cheque No.0382199 dated 25.08.2011 amounting to Rs.60,000/-. With no one appearing for the appellant, Ms. Pavneet Kaur was appointed Legal Aid Counsel. Acting in view of the Supreme Court judgment in M/s. Celestium Financial vs. A. Gnanasekaran, 2025(3) RCR (Criminal) 208, whereby the appellant's remedy lies before the Court of Sessions, the High Court remanded the appeal to the learned Sessions Judge, Fatehgarh Sahib with a direction to entrust it to the appropriate Court for disposal on merits, directed the Registry to send the complete paper-book and record forthwith, disposed of the appeal and pending miscellaneous applications, and ordered a copy of the order to the High Court Legal Service Committee.

CRA-S-4626-SB-2014

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228 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRA-S-4626-SB-2014 (O&M) Date of decision: 11.12.2025

Raj Kumar

...Applicant

VERSUS

Hardeep Singh ...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :- Ms. Pavneet Kaur, Legal Aid Counsel for the applicant.

VINOD S. BHARDWAJ, J. (Oral)

The present appeal has been preferred against the judgment of acquittal dated 15.05.2014 passed by learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib in a case stemming from criminal complaint NACT/455/13 filed under Section 138 of the Negotiable Instruments Act, 1881.

It is noticed that the instant appeal pertains to the year 2014, however, no one has entered appearance on behalf of the appellant, hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. Pavneet Kaur (Enrol. No.PH/10664/2025) M-7009644395, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of appellant to arrive at a decision. She has gone through the case file and submits that the present appeal has been filed against the judgment of acquittal dated 15.05.2014 passed by Addl. Chief Judicial Magistrate, Fatehgarh Sahib in case No.NACT/455/13 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., SONIA BURA 2025.12.15 12:43 I attest to the accuracy and integrity of this document

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CRA-S-4626-SB-2014

2025(3) RCR (Criminal) 208, the appellant would have a remedy before the Court of Sessions.

The complaint (supra) was filed on the ground of dishonour of cheque issued by the accused-respondent bearing No.0382199 dated 25.08.2011 amounting to Rs.60,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 15.05.2014.

In view of the judgment rendered by the Apex Court in Celestium Financial (supra) , the present appeal is remanded to the learned Sessions Judge, Fatehgarh Sahib with a direction to entrust the same to appropriate Court for its disposal on merits.

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Fatehgarh Sahib forthwith.

Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of.

A copy of this order be sent to the High Court Legal Service Committee for information and necessary action.

11.12.2025

(VINOD S. BHARDWAJ) JUDGE

sonia

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

SONIA BURA 2025.12.15 12:43 I attest to the accuracy and integrity of this document