Beerpal Nagar Vs Mool Chand Sharma — Cheque Dishonour | Punjab & Haryana HC (2025)

Beerpal Nagar Vs Mool Chand Sharma — 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 an appeal under Section 372 Cr.P.C. (now Section 413 BNSS) and entrusted to the appropriate Court for disposal on merits; Registry to send complete paper-book and record forthwith; application disposed of accordingly along with pending miscellaneous applications, if any.

Issue for consideration

Whether the applicant seeking leave to appeal under Section 378(4) CrPC against the acquittal has a remedy before the Court of Sessions, such that the application should be treated as an appeal under Section 372 CrPC (now Section 413 BNSS) in view of the Supreme Court judgment in Celestium Financial.

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 to the learned Sessions Judge, Faridabad with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of BNSS) and entrust the same to appropriate Court for its disposal on merits.

Ratio / Principle

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

Detailed headnote1 paragraphs

CRM-A-468-2019 (O&M), High Court of Punjab & Haryana at Chandigarh, decided 11.12.2025 by Vinod S. Bhardwaj J. (Oral): Applicant Beerpal Nagar sought leave under Section 378(4) CrPC to appeal against the acquittal dated 07.12.2018 by the Judicial Magistrate, 1st Class, Faridabad in complaint case No.2095/2016 under Section 138 NI Act (dishonoured cheque of Rs.1,00,000/-). Relying on M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the Court remanded the application to the learned Sessions Judge, Faridabad with direction to treat it as an appeal under Section 372 CrPC (now Section 413 BNSS) and entrust it to the appropriate Court for disposal on merits; Registry directed to forward the complete paper-book and record forthwith; disposed of accordingly, pending miscellaneous applications also disposed of.

CRM-A-468-2019

1

229 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-A-468-2019 (O&M) Date of decision: 11.12.2025

Beerpal Nagar

...Applicant

VERSUS

Mool Chand Sharma

...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :- Ms. Tavleen Kaur, Advocate for the applicant.

Mr. Parshant Sethi, Advocate for the respondent.

VINOD S. BHARDWAJ, 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 against the judgment of acquittal dated 07.12.2018 passed by the learned Judicial Magistrate, 1^st Class, Faridabad in a case stemming from criminal complaint case No.2095/2016 filed under Section 138 of the Negotiable Instruments Act, 1881.

The complaint (supra) was filed on the ground of dishonour of cheque of Rs.1,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 07.12.2018.

Learned counsel appearing on behalf of the applicant submits that

in view of the judgment passed by the Hon’ble Supreme Court in

SONIA BURA 2025.12.15 16:27 I attest to the accuracy and integrity of this document

CRM-A-468-2019

2

M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions.

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

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.

		(VINOD S. BHARDWAJ)
11.12.2025 sonia		JUDGE
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

SONIA BURA 2025.12.15 16:27 I attest to the accuracy and integrity of this document