Remanded¶13

Livtar Singh Bajaj v. Chetan Kumra

Punjab & Haryana HC7 Nov 2025CRA-AS/4/2018

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, CRA-AS-4-2018 (O&M), decided 07.11.2025, Vinod S. Bhardwaj J (oral). Livtar Singh Bajaj v. Chetan Kumar. Appeal under S.378(4) CrPC against acquittal (17.08.2017, JMFC Ludhiana) in S.138/142 NI Act complaint No.6151/15 over dishonoured cheque of Rs.1,69,783/- remanded to Sessions Judge, Ludhiana in view of Celestium Financial, 2025(3) RCR (Criminal) 208 (SC), to be treated as S.372 CrPC (now S.413 BNSS 2023) appeal and disposed on merits.

What did the court decide?

Appeal remanded to the learned Sessions Judge, Ludhiana, to be treated as an appeal under Section 372 CrPC (now Section 413 BNSS 2023) and entrusted to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and record forthwith; pending miscellaneous applications disposed of. ¶13

Livtar Singh Bajaj Vs Chetan Kumra — Cheque Dishonour | Punjab & Haryana HC (2025)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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218

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CRA-AS-4-2018 (O&M) Date of decision: 07.11.2025

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Livtar Singh Ba j aj ...Appellant

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VERSUS

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Chetan Kumar ...Respondent

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

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Present :- Ms . Arashdeep Kaur, Advocate for the appellant.

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VINOD S. BHARDWAJ, J. (Oral)

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Th e present appeal has been prefe r red under Section 378(4) of the Code of C r iminal Procedure, 1973 again s t the judgment of acquittal dated 17.08.20 1 7 passed by the learned Jud i cial Magistrate First Class, Ludhiana in a case stemming from criminal complaint No.6151/15 filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881.

¶12

Th e complaint (supra) was filed o n the ground of dishonour of cheque of Rs.1,69,783/-. After assessing all t h e material available on the record, the lea r ned trial Court acquitted the r espondent(s) vide judgment dated 17.08.2017.

¶13

Le a rned counsel appearing on be h alf of the appellant submits that in view of t he judgment passed by the Ho n ’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the appella n t would have a remedy before t he Court of Sessions. 4. In view of the judgment rende r ed by the Apex Court in Celestium Financial (supra) , the present appe a l is remanded to the learned

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SUMIT SINGH GUSAIN 2025.11.10 10:52 I attest to the accuracy and integrity of this document

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218 CRA-AS-4- 2 018 (O&M)

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-2-

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Sessions Judge , Ludhiana with a direction to treat the same as an appeal filed under Sec t ion 372 of the Cr.P.C. (now S ection 413 of the Bharatiya Nagarik Suraks h a Sanhita, 2023) and entrust t h e same to appropriate Court for its disposal o n merits.

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Th e Registry is directed to send t h e complete paper-book and the record of th e case to the learned Sessions Ju d ge, Ludhiana forthwith. 6. Di s posed of accordingly. Pending m iscellaneous applications, if any, also stand d isposed of.

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07.11.2025

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(VINOD S. BHARDWAJ) JUDGE

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Sumit Gusain Whether s p eaking/reasoned : Yes/No Whether re p ortable : Yes/No

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SUMIT SINGH GUSAIN 2025.11.10 10:52 I attest to the accuracy and integrity of this document

Livtar Singh Bajaj v. Chetan Kumra

Case brief

What is this about?

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Livtar Singh Bajaj v. Chetan Kumra

Case brief

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