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M/S Kapil Feed Store v. Kuldeep Singh

Punjab & Haryana HC18 Aug 2025CRM-A/294/2020

Case brief

AI extract

What is this about?

Leave to appeal against acquittal; Section 378(4) Cr.P.C.; Section 372 Cr.P.C.; victim's right to appeal before Court of Sessions; Section 138 Negotiable Instruments Act, 1881; Celestium Financial 2025(3) RCR (Criminal) 208; remand to Sessions Judge Bhiwani; SDJM Siwani acquittal 19.11.2019; CRM-A-294-2020 (O&M); Punjab & Haryana High Court Chandigarh; Sandeep Moudgil, J.; M/s Kapil Feed Store vs. Kuldeep Singh; complainant appeal against acquittal in cheque dishonour case.

What did the court decide?

Application remanded to the learned Sessions Judge, Bhiwani 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 case record to the Sessions Judge, Bhiwani forthwith; pending miscellaneous applications, if any, stand disposed of.

M/S Kapil Feed Store Vs Kuldeep Singh — 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, filed under Section 378(4) Cr.P.C., should instead be treated as an appeal under Section 372 Cr.P.C. before the Court of Sessions, in light of the Apex Court's ruling in Celestium Financial that the victim has a right to file such an appeal.

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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, Bhiwani 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, Bhiwani forthwith.

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Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Justice Sandeep Moudgil, single judge), CRM-A-294-2020 (O&M), decided 18.08.2025: M/s Kapil Feed Store had applied under Section 378(4) Cr.P.C. for leave to appeal against the judgment of acquittal dated 19.11.2019 passed by the learned SDJM, Siwani in a case stemming from a complaint under Section 138 of the Negotiable Instruments Act, 1881. Relying on the Supreme Court's ruling 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 did not itself grant or refuse leave, but remanded the application to the learned Sessions Judge, Bhiwani with directions 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 send the complete paper-book and case record forthwith, and pending miscellaneous applications stood disposed of.

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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274 CRM-A-294-2020 (O&M) Decided on 18.08.2025

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M/s Kapil Feed Store ... Applicant(s)

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VS.

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Kuldeep Singh ... Respondent(s)

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CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL

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Present: Mr. Ashwani Bhardwaj, Advocate for the applicant(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 19.11.2019 passed by the learned SDJM, Siwani in a case stemming from complaint 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, B hiwani 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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V VISHAL SHONKAR 2025.08.26 10:50 I attest to the accuracy and integrity of this document

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274-CRM-A-294-2020

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

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record of the case to the learned Sessions Judge, B hiwani forthwith.

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5. Disposed of accordingly.

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