Sandeep Singh Vs Himanshu Gopal — Cheque Dishonour | Punjab & Haryana HC (2025)

Sandeep Singh Vs Himanshu Gopal — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, SAS Nagar, Mohali, with a direction to treat it as filed under Section 372 CrPC and entrust it to the appropriate Court for disposal; Registry directed to send the complete paper-book and record of the case to the learned Sessions Judge, SAS Nagar, Mohali forthwith; pending miscellaneous applications, if any, stand disposed of; application disposed of accordingly.

Issue for consideration

Whether leave to appeal should be granted under Section 378(4) CrPC against the judgment of acquittal dated 21.09.2018 passed by the learned Chief Judicial Magistrate, SAS Nagar Mohali, in a case under Section 138 NI Act. +1 more

Ratio / Principle

In view of the judgment rendered by the Apex Court in M/s Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, SAS Nagar, Mohali with a direction to treat it as filed under Section 372 CrPC and entrust it to the appropriate Court for its disposal.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh, CRM-A-489-2019, decided 19.08.2025 — Sandeep Singh (Appellant) v. Himanshu Gopal (Respondent); Coram: Sandeep Moudgil, J. (Oral). Application under Section 378(4) CrPC seeking leave to appeal the judgment of acquittal dated 21.09.2018 passed by the learned Chief Judicial Magistrate, SAS Nagar Mohali, in a case under Section 138 NI Act. Relying on the Hon'ble Supreme Court judgment in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, which upon comparative interpretation of Sections 372 and 378(4) CrPC concluded that the victim has a right to file an appeal under Section 372 CrPC before the Court of Sessions, the High Court remanded the leave-to-appeal application to the learned Sessions Judge, SAS Nagar, Mohali, with a direction to treat it as filed under Section 372 CrPC and entrust it to the appropriate Court for disposal; Registry directed to send the complete paper-book and record forthwith; pending miscellaneous applications disposed of. Disposed of accordingly.

270

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-489-2019 DECIDED ON: 19.08.2025

SANDEEP SINGH

.....APPELLANT

VERSUS

HIMANSHU GOPAL

.....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Ravish Bansal, Advocate for the appellant

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 21.09.2018 passed by the learned Chief Judicial Magistrate, SAS Nagar Mohali, in a case filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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.

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, SAS Nagar, Mohali with a direction

MEENU 2025.08.22 09:53 I attest to the accuracy and integrity of this document

CRM-A-489-2019

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to treat the same as filed under Section 372 of the Cr.P.C. and entrust it to appropriate Court for its disposal.

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

5 . Disposed of accordingly.

6 . Pending miscellaneous applications, if any, also stand disposed of.

19.08.2025 Meenu

(SANDEEP MOUDGIL) JUDGE

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

MEENU 2025.08.22 09:53 I attest to the accuracy and integrity of this document