The Sonepat District Primary Co-Op. Agri. and… — Cheque Dishonour | Punjab & Haryana HC (2025)

The Sonepat District Primary Co-Op. Agri. and… — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the applicant's application for leave to appeal against the acquittal, filed under Section 378(4) Cr.P.C., should be dealt with by the High Court or, in view of the Supreme Court's decision in Celestium Financial, be remitted to the Sessions Court to be treated as an appeal under Section 372 Cr.P.C.

Court's answer

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

Ratio / Principle

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

Detailed headnote1 paragraphs

Criminal — Leave to appeal against acquittal — Application under Section 378(4) Cr.P.C. by complainant-bank against judgment of acquittal dated 20.03.2023 passed by learned SDJM, Ganaur in a complaint dated 07.10.2016 under Section 138 NI Act — Reliance on Supreme Court decision in M/s Celestium Financial v. A. Gnanasekaran, 2025(3) RCR (Criminal) 208, wherein, on comparative interpretation of Sections 372 and 378(4) Cr.P.C., the Supreme Court concluded that the victim has a right to file an appeal under Section 372 Cr.P.C. before the Court of Sessions — Held: in view of Celestium Financial (supra), the leave-to-appeal application remanded to the learned Sessions Judge, Sonepat 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 complete paper-book and record forthwith; pending miscellaneous applications disposed of.

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

258 CRM-A-644-2023 (O&M) Decided on 17.07.2025

The Sonepat DPCARD Bank Ltd.

... Applicant(s)

VS.

Narender ... Respondent(s)

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL

Present: Mr. Gaurav Tyagi, Advocate for the applicant(s)

Sandeep Moudgil, J.

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 20.03.2023 passed by the learned SDJM, Ganaur in a case stemming from complaint dated 07.10.2016 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, Sonepat 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.

V VISHAL SHONKAR 2025.07.21 11:44 I attest to the accuracy and integrity of this document

258-CRM-A-644-2023

2

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

5. Disposed of accordingly.

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

17.07.2025

V.Vishal

(Sandeep Moudgil) Judge

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

V VISHAL SHONKAR 2025.07.21 11:44 I attest to the accuracy and integrity of this document