Arun Mittal Vs Harish Garg — Cheque Dishonour | Punjab & Haryana HC (2025)

Arun Mittal Vs Harish Garg — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, SAS Nagar, to be treated as filed under Section 372 Cr.P.C. and entrusted to the appropriate Court for disposal; Registry directed to forward the complete paper-book and case record; pending miscellaneous applications, if any, also disposed of.

Issue for consideration

Whether the applicant's application for leave to appeal against the acquittal, preferred under Section 378(4) Cr.P.C., should be dealt with as an appeal under Section 372 Cr.P.C. before the Court of Sessions in view of the Supreme Court's decision in Celestium Financial.

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 back to the learned Sessions Judge, SAS Nagar 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.

Ratio / Principle

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

Detailed headnote1 paragraphs

CRM-A-201-2020 (O&M) — Application under S.378(4) Cr.P.C. by Arun Mittal seeking leave to appeal the judgment of acquittal dated 19.11.2019 passed by the learned JMIC, Dera Bassi, in a case stemming from a complaint dated 16.08.2019 under S.138 of the NI Act (respondent: Harish Garg). Relying on the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 — that a victim has a right to file an appeal under S.372 Cr.P.C. before the Court of Sessions — the High Court (Sandeep Moudgil, J.) remanded the application to the learned Sessions Judge, SAS Nagar with directions to treat it as filed under S.372 Cr.P.C. and entrust it to the appropriate Court for disposal; the Registry was directed to send the complete paper-book and record forthwith; the application and pending miscellaneous applications were disposed of (decided 21.07.2025).

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

272 CRM-A-201-2020 (O&M) Decided on 21.07.2025

Arun Mittal ... Applicant(s) VS. Harish Garg ... Respondent(s)

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL

Present: Mr. SK Panwar, Advocate for the applicant(s) ****

Sandeep Moudgil, J.

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 19.11.2019 passed by the learned JMIC, Dera Bassi in a case stemming from complaint dated 16.08.2019 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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.

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, SAS Nagar 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.

V VISHAL SHONKAR 2025.07.24 10:52 I attest to the accuracy and integrity of this document

272-CRM-A-201-2020

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

5. Disposed of accordingly.

6. Pending miscellaneous applications, if any, also stand disposed of.

21.07.2025

V.Vishal

(Sandeep Moudgil) Judge

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

V VISHAL SHONKAR 2025.07.24 10:52 I attest to the accuracy and integrity of this document