Manjit Kumar Vs Omkar Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

Manjit Kumar Vs Omkar Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal remanded to the learned Sessions Judge, Ferozepur, to be treated as filed under Section 372 Cr.P.C. and entrusted to the appropriate Court for disposal; Registry directed to send the complete paper-book and record of the case to the learned Sessions Judge, Ferozepur forthwith; pending miscellaneous applications, if any, stand disposed of; application disposed of accordingly.

Issue for consideration

Whether the appellant's application for leave to appeal against the acquittal dated 03.02.2024 passed by the JMIC, Ferozepur in a Section 138 NI Act case should be entertained under Section 378(4) Cr.P.C. or dealt with as an appeal under Section 372 Cr.P.C.

Court's answer

In view of the Apex Court judgment in Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Ferozepur with a direction to treat the same as filed under Section 372 of the Cr.P.C. and entrust it to the appropriate Court for its disposal.

Detailed headnote1 paragraphs

Criminal — Leave to appeal against acquittal — CRM-A-513-2024 (O&M) — Manjit Kumar v. Omkar Singh — Decided 19.08.2025 by Sandeep Moudgil, J. (oral). The appellant had applied under Section 378(4) of the Code of Criminal Procedure, 1973 for leave to appeal the judgment of acquittal dated 03.02.2024 passed by the learned JMIC, Ferozepur in a case under Section 138 of the Negotiable Instruments Act, 1881. Relying on the Hon'ble Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, which on comparative interpretation of Sections 372 and 378(4) Cr.P.C. concluded that the victim has a right to file an appeal under Section 372 Cr.P.C. before the Court of Sessions, the High Court remanded the application to the learned Sessions Judge, Ferozepur with a direction 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 record to the learned Sessions Judge, Ferozepur forthwith; pending miscellaneous applications were disposed of. Disposed of accordingly. Speaking/reasoned: Yes; Reportable: No.

CRM-A-513-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

288

CRM-A-513-2024 (O&M) Date of Decision: 19.08.2025

MANJIT KUMAR

.....APPELLANT

VERSUS

OMKAR SINGH

.....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Lokesh Vohra, Advocate for the applicant/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 03.02.2024 passed by the learned JMIC, Ferozepur, 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, F erozepu r with a direction to treat the same as filed under Section 372 of the Cr.P.C. and

VIVEK PAHWA 2025.08.22 17:05 I attest to the accuracy and integrity of this document Chandigarh

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CRM-A-513-2024

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, F erozepu r forthwith.

5. Disposed of accordingly.

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

of.

(SANDEEP MOUDGIL) 19.08.2025 JUDGE Vivek Whether speaking/reasoned : Yes Whether reportable : No

VIVEK PAHWA 2025.08.22 17:05 I attest to the accuracy and integrity of this document Chandigarh

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