Swarn Singh Vs Rajinder Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

Swarn Singh Vs Rajinder Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, Ludhiana 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 forthwith; pending miscellaneous applications stand disposed of.

Issue for consideration

Whether the leave-to-appeal application preferred under Section 378(4) Cr.P.C. against the acquittal should, in view of the Supreme Court's ruling in Celestium Financial on Sections 372 and 378(4) Cr.P.C., be remanded to the Sessions Judge to be treated as filed under Section 372 Cr.P.C.

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

Ratio / Principle

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

Detailed headnote1 paragraphs

CRM-A-595-MA-2017 (O&M), decided 23.07.2025 by Sandeep Moudgil, J., High Court of Punjab and Haryana at Chandigarh. Swarn Singh (appellant) had applied under Section 378(4) Cr.P.C. for leave to appeal against his acquittal dated 20.01.2017 by the learned JMIC, Ludhiana in a case under Section 138 NI Act. Noting the Hon'ble Supreme Court's conclusion in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 — reached after comparative interpretation of Sections 372 and 378(4) Cr.P.C. — that the victim has a right to file an appeal under Section 372 Cr.P.C. before the Court of Sessions, the Court disposed of the application by remanding it to the learned Sessions Judge, Ludhiana, 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 forthwith; pending miscellaneous applications stand disposed of.

CRM-A-595-MA-2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

254

CRM-A-595-MA-2017 (O&M) DATE OF DECISION :23.07.2025

SWARN SINGH

.......APPELLANT(s)

VERSUS

RAJINDER SINGH

.....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Garima Arora, Advocate and Mr. Pragun Marwaha, Advocate for Mr. J.S. Jaidka, Advocate for the applicant/appellant(s).

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 20.01.2017 passed by the learned JMIC, Ludhiana 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

Anuradha 2025.07.28 22:57 I agree to specified portions of this document

CRM-A-595-MA-2017

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Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Ludhiana with a direction 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, Ludhiana forthwith.

5 . Disposed of accordingly.

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

(SANDEEP MOUDGIL) 23.07.2025 JUDGE anuradha

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

Anuradha 2025.07.28 22:57 I agree to specified portions of this document