M/S Richa Industries Ltd. Vs M/S Dvina Apparels… — Cheque Dishonour | Punjab & Haryana HC (2025)

M/S Richa Industries Ltd. Vs M/S Dvina Apparels… — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, Faridabad, 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 record of the case to the Sessions Judge, Faridabad forthwith (¶¶20-21); application 'Disposed of accordingly' (¶22); pending miscellaneous applications stand disposed of (¶¶23-24).

Issue for consideration

Whether the leave-to-appeal application under Section 378(4) Cr.P.C. against the acquittal in the Section 138 NI Act matter can proceed, in light of the Supreme Court's conclusion in Celestium Financial that a victim may file 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, Faridabad, with a direction to treat the same as filed under Section 372 of the Cr.P.C. and entrust it to the appropriate Court for its disposal.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sandeep Moudgil, J.), 23.07.2025, CRM-A-258-MA-2014 (O&M): M/s Richa Industries Ltd sought leave to appeal under Section 378(4) Cr.P.C. against the acquittal judgment dated 12.12.2013 passed by the JMIC, Faridabad in a Section 138 NI Act case against M/s Dvina Apparels and another. Relying on the Supreme Court's decision in Celestium Financial (2025(3) RCR (Criminal) 208), which held that a 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 to the learned Sessions Judge, Faridabad with a direction to treat it as filed under Section 372 Cr.P.C. and entrust it to the appropriate Court for disposal; the Registry was directed to forward the paper-book and case record forthwith; the application and pending miscellaneous applications were disposed of.

138

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-258-MA-2014 (O&M) DATE OF DECISION : 23.07.2025

M/S RICHA INDUSTRIES LTD

.......PETITIONER(s)

VERSUS

M/S DVINA APPARELS AND ANR

.....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. S.S.Randhawa, Advocate for the petitioner(s).

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 12.12.2013 passed by the learned JMIC, Faridabad in a case filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

2. 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.

Anuradha 2025.07.23 22:58 I agree to specified portions of this document

CRM-A-258-MA-2014 (O&M)

2

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, Faridabad 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.

The Registry is directed to send the complete paper-book

and the record of the case to the learned Sessions Judge, Faridabad forthwith.

Disposed of accordingly.

Pending miscellaneous applications, if any, also stand

disposed of.

(SANDEEP MOUDGIL) 23.07.2025 JUDGE anuradha

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

Anuradha 2025.07.23 22:58 I agree to specified portions of this document