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Raghbir Singh v. Sunita

Punjab & Haryana HC20 Aug 2025CRM-A/725/2018

Case brief

AI extract

What is this about?

Punjab & Haryana HC; CRM-A-725-MA-2018 (O&M); Sandeep Moudgil J.; 20.08.2025; leave to appeal under S.378(4) CrPC against acquittal dated 12.01.2018 by JMIC Bhiwani in S.138 NI Act case; Celestium Financial 2025(3) RCR (Criminal) 208 - victim's right to appeal under S.372 CrPC before Court of Sessions; application remanded to Sessions Judge, Bhiwani to be treated as filed under S.372 CrPC; disposed of.

What did the court decide?

Application seeking leave to appeal remanded to the learned Sessions Judge, Bhiwani with direction to treat it as filed under Section 372 CrPC and entrust it to appropriate Court for disposal; Registry directed to send complete paper-book and record of the case to the learned Sessions Judge, Bhiwani forthwith; pending miscellaneous applications, if any, also disposed of. ¶21

Raghbir Singh Vs Sunita — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application seeking leave to appeal the acquittal judgment, preferred under Section 378(4) CrPC, should be dealt with in view of the Supreme Court's conclusion in Celestium Financial that the victim has a right to file an appeal under Section 372 CrPC before the Court of Sessions.

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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, Bhiwani 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.

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Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sandeep Moudgil, J.), decided 20.08.2025 - CRM-A-725-MA-2018 (O&M): Application under S.378(4) CrPC by Raghbir Singh seeking leave to appeal the judgment of acquittal dated 12.01.2018 passed by the learned JMIC, Bhiwani in a case under S.138 NI Act. Relying on the Hon'ble Supreme Court's ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025(3) RCR (Criminal) 208, that after comparative interpretation of Sections 372 and 378(4) CrPC the victim has a right to file an appeal under Section 372 CrPC before the Court of Sessions, the High Court remanded the application to the learned Sessions Judge, Bhiwani 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; disposed of accordingly, pending miscellaneous applications also disposed of.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-A-725-MA-2018 (O&M) DECIDED ON: 20.08.2025

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RAGHBIR SINGH

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.....APPELLANT(S)

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VERSUS

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SUNITA

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.....RESPONDENT(S)

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CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Mr. Rajat Mor, Advocate for the petitioner(s).

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Ms. Rajni Bala, Advocate for the respondent(s).

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SANDEEP MOUDGIL, J (ORAL)

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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 12.01.2018 passed by the learned JMIC, Bhiwani in a case filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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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.

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Anuradha 2025.08.23 01:41 I agree to specified portions of this document

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CRM-A-725-MA-2018 (O&M)

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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, Bhiwani 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.

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

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5 . Disposed of accordingly.

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

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20.08.2025 anuradha

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(SANDEEP MOUDGIL) JUDGE

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