Beerpal Nagar v. Mool Chand Sharma

CRM-A-468-2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-A-468-2019 (O&M) Date of decision: 11.12.2025 Beerpal Nagar ...Applicant

VERSUS

Mool Chand Sharma

...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Tavleen Kaur, Advocate for the applicant.

Mr. Parshant Sethi, Advocate for the respondent.

***** VINOD S. BHARDWAJ , 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 against the judgment of acquittal dated 07.12.2018 passed by the learned Judicial Magistrate, 1st Class, Faridabad in a case stemming from criminal complaint case No.2095/2016 filed under Section 138 of the Negotiable Instruments Act, 1881.

2.

The complaint (supra) was filed on the ground of dishonour of cheque of Rs.1,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 07.12.2018.

3.

Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon'ble Supreme Court in SONIA BURA 2025.12.15 16:27 I attest to the accuracy and integrity of this document

CRM-A-468-2019 M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions.

4.

In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Faridabad with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of BNSS) and entrust the same to appropriate Court for its disposal on merits. 5.

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Faridabad forthwith. 6.

Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of.

(VINOD S. BHARDWAJ) 11.12.2025 JUDGE sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2025.12.15 16:27 I attest to the accuracy and integrity of this document