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M/S Ashoka Rugs v. M/S Dici Export Pvt. Ltd. and Another

Punjab & Haryana HC17 Jul 2025CRM-A/254/2019

Case brief

AI extract

What is this about?

Leave to appeal; acquittal; Section 378(4) Cr.P.C.; Section 372 Cr.P.C.; Section 138 NI Act; complaint dated 31.07.2015/02.04.2018; JMIC Panipat; Sessions Judge Panipat; victim's right of appeal; Celestium Financial 2025(3) RCR (Criminal) 208; remand to Sessions Court; M/s Ashoka Rugs; M/s DICI Export P.Ltd.; Punjab and Haryana High Court; Sandeep Moudgil, J.; 17.07.2025.

What did the court decide?

Application for leave to appeal remanded to the learned Sessions Judge, Panipat with direction to treat it as filed under Section 372 Cr.P.C. and entrust it to the appropriate Court for disposal; Registry directed to send the complete paper-book and record to the learned Sessions Judge, Panipat forthwith; pending miscellaneous applications disposed of. ¶25

M/S Ashoka Rugs Vs M/S Dici Export Pvt. Ltd. and… — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

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

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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, Panipat 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.

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Ratio / Principle

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

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Key takeaways

Pending miscellaneous applications, if any, also stand disposed of.obiter¶26

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sandeep Moudgil, J.), CRM-A-254-2019 (O&M), decided 17.07.2025: M/s Ashoka Rugs' application under Section 378(4) Cr.P.C. seeking leave to appeal the judgment of acquittal dated 02.11.2018 passed by the learned JMIC, Panipat (arising from a complaint dated 31.07.2015/02.04.2018 under Section 138 of the Negotiable Instruments Act, 1881) was, in view of the Hon'ble Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 (recognising the victim's right to file an appeal under Section 372 Cr.P.C. before the Court of Sessions), remanded back to the learned Sessions Judge, Panipat with a direction to treat the application as filed under Section 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 to the Sessions Judge, Panipat forthwith; disposed of accordingly.

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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254 CRM-A-254-2019 (O&M) Decided on 17.07.2025

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M/s Ashoka Rugs ... Applicant(s)

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VS.

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M/s DICI Export P.Ltd. & Anr. ... Respondent(s)

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CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL

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Present: Mr. Subhash Godara, Advocate for the applicant(s)

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Mr. Anil Kumar Bhardwaj, Advocate for the respondent(s)

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Sandeep Moudgil, J.

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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 02.11.2018 passed by the learned JMIC, Panipat in a case stemming from complaint dated 31.07.2015/02.04.2018 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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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.

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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, Panipat with a direction to treat

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V VISHAL SHONKAR 2025.07.21 11:44 I attest to the accuracy and integrity of this document

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254-CRM-A-254-2019

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the same as filed under Section 372 of the Cr.P.C. and entrust it to appropriate

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Court for its disposal.

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

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