Sonia Vs Kitabo — Cheque Dishonour | Punjab & Haryana HC (2025)

Sonia Vs Kitabo — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, Bhiwani, to be treated as an appeal under Section 372 CrPC (now Section 413 of the Bharatiya Nyaya Sanhita, 2023) and entrusted to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and record to the learned Sessions Judge, Bhiwani forthwith; application disposed of accordingly and pending miscellaneous applications, if any, disposed of.

Issue for consideration

Whether the applicant, who sought leave to appeal under Section 378(3) CrPC against the discharge of the respondent, has a remedy before the Court of Sessions in view of the Supreme Court judgment in M/s. Celestium Financial vs. A. Gnanasekaran, 2025(3) RCR (Criminal) 208.

Court's answer

In view of the judgment rendered by the Apex Court in Celestium Financial, the present application seeking leave to appeal is remanded to the learned Sessions Judge, Bhiwani, with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the Bharatiya Nyaya Sanhita, 2023) and to entrust the same to the appropriate Court for its disposal on merits.

Detailed headnote1 paragraphs

CRM-A-3031-2019 (O&M), High Court of Punjab & Haryana at Chandigarh, decided 03.11.2025 (Vinod S. Bhardwaj, J., Oral): Application by complainant Sonia under Section 378(3) CrPC for leave to appeal against the order dated 29.10.2018 of the Judicial Magistrate First Class, Bhiwani, discharging respondent Kitabo in a complaint dated 22.12.2017 under Sections 138 and 142 of the Negotiable Instruments Act, 1881, arising from dishonour of a cheque of Rs.1,50,000/-; the discharge rested on the respondent's valid tender of Rs.3,50,000/- (cheque amount and interest) and Rs.15,000/- towards litigation expenses, which the complainant refused to collect. Relying on the Supreme Court judgment in M/s. Celestium Financial vs. A. Gnanasekaran, 2025(3) RCR (Criminal) 208, the High Court remanded the leave-to-appeal application to the learned Sessions Judge, Bhiwani, with a direction to treat it as an appeal under Section 372 CrPC (now Section 413 of the Bharatiya Nyaya Sanhita, 2023) and entrust it to the appropriate Court for disposal on merits; the Registry was directed to send the complete paper-book and record forthwith; disposed of accordingly.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

250

CRM-A-3031-2019 (O&M) Date of decision: 03.11.2025

Sonia

...Applicant

VERSUS

Kitabo ...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms . Vaani Singh, Advocate for the applicant.

VINOD S. BHARDWAJ, J. (Oral)

Th e present application has been p r eferred under Section 378(3) of the Code o f Criminal Procedure, 1973 (h e reinafter ‘Cr.P.C.’) seeking grant of leave t o appeal against the order dat e d 29.10.2018 passed by the learned Judicia l Magistrate First Class, Bhiw a ni in a case stemming from complaint date d 22.12.2017 filed under Se c tion 138 and 142 of the Negotiable Inst r uments Act, 1881.

Th e complaint (supra) was filed o n the ground of dishonour of cheque of Rs.1 , 50,000/-. After assessing all t h e material available on the record, the T r ial Court vide order dated 29.10.2018 discharged the respondent of h er liability as she had made a v alid tender of Rs.3,50,000/(cheque amoun t and interest) and Rs.15,000/towards litigation expenses, however, the c omplainant refused to collect the same. In view of the aforesaid, it wa s noticed by the Trial Court that t here existed no legal ground to keep the com p laint pending, once the accuse d had discharged her liability. 3. Le a rned counsel appearing on be h alf of the applicant submits that in view of t he judgment passed by the Ho n ’ble Supreme Court in M/s.

SUMIT SINGH GUSAIN 2025.11.03 19:18 I attest to the accuracy and integrity of this document

250 CRM-A-30 3 1-2019 (O&M) -- 2-

Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applica n t would have a remedy before t he Court of Sessions.

In view of the judgment rende r ed by the Apex Court in Celestium Financial (supra) , the present appli c ation seeking leave to appeal is remanded to the learned Sessions Judge, Bh i wani with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the B h aratiya Nyaya Sanhita, 2023 ) and entrust the same to appropriate Co u rt for its disposal on merits.

Th e Registry is directed to send t h e complete paper-book and the record of th e case to the learned Sessions Ju d ge, Bhiwani forthwith. 6. Di s posed of accordingly. Pending m iscellaneous applications, if any, also stand d isposed of.

(VINOD S. BHARDWAJ) JUDGE

03.11.2025 Sumit Gusain Whether s p eaking/reasoned : Yes/No Whether re p ortable : Yes/No

SUMIT SINGH GUSAIN 2025.11.03 19:18 I attest to the accuracy and integrity of this document