Remanded¶3

Om Parkash Joshi v. Paramjit Kaur

Punjab & Haryana HC20 Aug 2025CRM-A/317/2021

Case brief

AI extract

What is this about?

CRM-A-317-2021; Om Parkash Joshi v. Paramjit Kaur; leave to appeal; acquittal 16.03.2020; Judicial Magistrate Ist Class Ludhiana; Section 378(4) Cr.P.C.; Section 372 Cr.P.C.; Section 138 NI Act; Celestium Financial v. A. Gnanasekaran; remand to Sessions Judge Ludhiana; Punjab & Haryana High Court; Sandeep Moudgil; decided 20.08.2025.

What did the court decide?

Leave-to-appeal application remanded to the learned Sessions Judge, Ludhiana, 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 forthwith; judgment disposed of accordingly and pending miscellaneous applications, if any, also disposed of. ¶3

Om Parkash Joshi Vs Paramjit Kaur — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the leave-to-appeal application filed under Section 378(4) Cr.P.C. against the acquittal in the Section 138 NI Act case should, in light of the Supreme Court's ruling in Celestium Financial that the victim may appeal under Section 372 Cr.P.C. before the Court of Sessions, be treated as filed under Section 372 Cr.P.C. and routed through the Sessions Judge, Ludhiana.

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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, Ludhiana.

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Ratio / Principle

The learned Sessions Judge, Ludhiana is directed to treat the application as filed under Section 372 of the Cr.P.C. and entrust it to the appropriate Court for its disposal.

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Key takeaways

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Ludhiana forthwith.ratio¶4

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Sandeep Moudgil, J., oral) — CRM-A-317-2021, decided 20.08.2025. Om Parkash Joshi (appellant) v. Paramjit Kaur (respondent). Application under S.378(4) Cr.P.C. for leave to appeal the acquittal dated 16.03.2020 passed by the learned Judicial Magistrate Ist Class, Ludhiana in a case under S.138 NI Act. Relying on the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 — that, on comparative reading of Ss.372 and 378(4) Cr.P.C., the victim has a right to file an appeal under S.372 Cr.P.C. before the Court of Sessions — the Court remanded the application to the learned Sessions Judge, Ludhiana, directing that it be treated as filed under S.372 Cr.P.C. and entrusted to the appropriate Court for disposal; the Registry was directed to send the complete paper-book and record forthwith. Disposed of accordingly; pending miscellaneous applications, if any, also disposed of.

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298

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-A-317-2021 DECIDED ON: 20.08.2025

OM PARKASH JOSHI

.....APPELLANT

VERSUS

PARAMJIT KAUR

.....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Mr. Yogesh Goel, Advocate Ms. Sunidhi Jain, Advocate Ms. Mansivinie, Advocate for the appellant.

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SANDEEP MOUDGIL, J (ORAL)

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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 16.03.2020 passed by the learned Judicial Magistrate Ist Class, Ludhiana in a case 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, Ludhiana with a direction to treat

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MEENU 2025.08.21 16:04 I attest to the accuracy and integrity of this document

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CRM-A-317-2021

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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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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, Ludhiana forthwith.