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Bachan Lal v. Munshi Ram

Punjab & Haryana HC22 Aug 2025CRM-A/824/2015

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; CRM-A-824-MA-2015; decided 22.08.2025; Sandeep Moudgil, J.; Bachan Lal v. Munshi Ram; leave to appeal; acquittal; Section 378(4) Cr.P.C.; Section 372 Cr.P.C.; victim's right to appeal; Celestium Financial v. A. Gnanasekaran, 2025(3) RCR (Criminal) 208; Section 138 NI Act; Judicial Magistrate Ist Class Jalandhar; remand to Sessions Judge Jalandhar; disposed of.

What did the court decide?

Leave-to-appeal application remanded to the learned Sessions Judge, Jalandhar with direction to treat it as filed under Section 372 of the Cr.P.C. 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, Jalandhar forthwith; pending miscellaneous applications, if any, stand disposed of. ¶21

Bachan Lal Vs Munshi Ram — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application for leave to appeal against the acquittal dated 26.02.2015, preferred under Section 378(4) Cr.P.C., should be entertained by this Court or, per the Supreme Court's ruling in Celestium Financial, dealt with as an appeal under Section 372 Cr.P.C. 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, Jalandhar.

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Ratio / Principle

The Sessions Judge, Jalandhar is directed to treat the leave-to-appeal application as filed under Section 372 of the Cr.P.C. and entrust it to the appropriate Court for disposal.

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Key takeaways

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Jalandhar forthwith.ratio¶19-20

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sandeep Moudgil, J., oral), CRM-A-824-MA-2015, decided 22.08.2025 — Bachan Lal (appellant) v. Munshi Ram (respondent). Application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment of acquittal dated 26.02.2015 passed by the learned Judicial Magistrate Ist Class, Jalandhar in a case under Section 138 of the Negotiable Instruments Act, 1881. Held: in view of M/s Celestium Financial v. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, wherein the Hon'ble Supreme Court, 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 leave-to-appeal application was remanded to the learned Sessions Judge, Jalandhar 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 Sessions Judge, Jalandhar forthwith; pending miscellaneous applications stood disposed of. Disposed of accordingly.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-A-824-MA-2015 DECIDED ON: 22.08.2025

BACHAN LAL

.....APPELLANT

VERSUS

MUNSHI RAM

.....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Mr. Mandeep Singh Sachdev, Advocate for the appellant

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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 26.02.2015 passed by the learned Judicial Magistrate Ist Class, Jalandhar 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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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, Jalandhar with a direction to treat

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MEENU 2025.08.25 10:08 I attest to the accuracy and integrity of this document

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CRM-A-824-MA-2015

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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

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record of the case to the learned Sessions Judge, Jalandhar forthwith.