Sukhbir Singh Vs Parveen — Cheque Dishonour | Punjab & Haryana HC (2025)

Sukhbir Singh Vs Parveen — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application remanded to the learned Sessions Judge, Karnal with direction to treat it as an appeal under S. 372 Cr.P.C. (now S. 413, BNSS 2023) and entrust it to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and record of the case to the learned Sessions Judge, Karnal forthwith; pending miscellaneous applications, if any, disposed of.

Issue for consideration

Whether the applicant's application under S. 378(4) Cr.P.C. seeking leave to appeal against the acquittal should be entertained by the High Court, or whether, in view of the Supreme Court's judgment in Celestium Financial, it should instead be dealt with as an appeal before the Sessions Court.

Court's answer

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, Karnal, with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and to entrust the same to the appropriate Court for its disposal on merits.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Vinod S. Bhardwaj, J., oral order), 10.11.2025 — CRM-A-1263-MA-2018(O&M): Sukhbir Singh's application under S. 378(4) Cr.P.C. for leave to appeal against the acquittal (judgment dated 15.03.2018, Judicial Magistrate First Class, Karnal) of respondent Parveen in a complaint dated 17.06.2015/09.11.2017 under S. 138/142, Negotiable Instruments Act, 1881, arising from dishonour of a cheque of Rs. 1,50,000/-, was — in view of M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 (Supreme Court) — remanded to the learned Sessions Judge, Karnal, with a direction to treat it as an appeal under S. 372 Cr.P.C. (now S. 413, Bharatiya Nagarik Suraksha Sanhita, 2023) and entrust it to the appropriate Court for disposal on merits; the Registry was directed to send the complete paper-book and record forthwith; pending miscellaneous applications stand disposed of.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

229

CRM-A-1263-MA-2018(O&M) Date of decision: 10.11.2025

Sukhbir Singh ...Applicant

VERSUS

Parveen

...Respondent

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

Present :- Mr . Randeep Singh, Advocate for Mr . Vikram Singh, Advocate, for t h e applicant.

VINOD S. BHARDWAJ, J. (Oral)

Th e present application has been p r eferred under Section 378(4) of the Code o f Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave t o appeal against the judgment o f acquittal dated 15.03.2018 passed by the learned Judicial Magistrate Fi r st Class, Karnal in a case stemming from complaint dated 17.06.2015/09.11.2017 filed under Section 138/142 of the N egotiable Instruments Act, 1881. 2. Th e complaint (supra) was filed o n the ground of dishonour of cheque of Rs.1 5 ,50,000/-. After assessing all t he material available on the record, the lea r ned trial Court acquitted the r espondent(s) vide judgment dated 15.03.2018.

Le a rned counsel appearing on be h alf of the applicant 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 applica 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

SUMIT SINGH GUSAIN 2025.11.11 17:13 I attest to the accuracy and integrity of this document

229 CRM-A-126 3 -MA-2018(O&M)

-2-

Celestium Financial (supra) , the present appli c ation seeking leave to appeal is remanded to the learned Sessions Judge, K a rnal with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the Bha r atiya Nagarik Suraksha Sanhit a , 2023) and entrust the same to appropriate C ourt for its disposal on merits.

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, Karnal forthwith. 6. Di s posed of accordingly. Pending m iscellaneous applications, if any, also stand d isposed of.

(VINOD S. BHARDWAJ) 10.11.2025 JUDGE Sumit Gusain Whether s p eaking/reasoned : Yes/No Whether re p ortable : Yes/No

SUMIT SINGH GUSAIN 2025.11.11 17:13 I attest to the accuracy and integrity of this document