Anil Kumar Vs Sapan Mandal — Cheque Dishonour | Punjab & Haryana HC (2025)

Anil Kumar Vs Sapan Mandal — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

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

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, Rewari 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.

Detailed headnote1 paragraphs

CRM-A-2160-2019 (High Court of Punjab and Haryana at Chandigarh, decided 19.08.2025; Sandeep Moudgil, J.). The appellant had sought leave under Section 378(4) Cr.P.C. to appeal the judgment of acquittal dated 25.02.2019 passed by the learned Additional Chief Judicial Magistrate, Rewari in a case filed under Section 138 of the Negotiable Instruments Act, 1881. Noting the Hon'ble Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 — that after comparative interpretation of Sections 372 and 378(4) Cr.P.C. the victim has a right to file an appeal under Section 372 Cr.P.C. before the Court of Sessions — the High Court remanded the application seeking leave to appeal to the learned Sessions Judge, Rewari with a direction to treat it as filed under Section 372 of the Cr.P.C. and entrust it to the appropriate Court for its disposal; the Registry was directed to send the complete paper-book and record of the case to the learned Sessions Judge, Rewari forthwith; the application was disposed of accordingly, and pending miscellaneous applications, if any, also stand disposed of.

274

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-2160-2019 DECIDED ON: 19.08.2025

ANIL KUMAR

.....APPELLANT

VERSUS

SAPAN MANDAL

.....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Raman Kumar, Advocate for Mr. Yash Dev Kaushik, Advocate for the appellant.

SANDEEP MOUDGIL, J (ORAL)

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 25.02.2019 passed by the learned Additional Chief Judicial Magistrate, Rewari in a case 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

MEENU 2025.08.22 09:54 I attest to the accuracy and integrity of this document

CRM-A-2160-2019

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remanded back to the learned Sessions Judge, Rewari 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.

4 . The Registry is directed to send the complete paper-book and the

record of the case to the learned Sessions Judge, Rewari forthwith.

5 . Disposed of accordingly.

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

19.08.2025

(SANDEEP MOUDGIL) JUDGE

Meenu

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

MEENU 2025.08.22 09:54 I attest to the accuracy and integrity of this document