Mahindra & Mahindra Financial Services Ltd v. Bhim Singh

CRA-AS-105-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-AS-105-2018 (O&M) Date of decision: 24.12.2025 Mahindra & Mahindra Financial Services Ltd.

...Appellant

VERSUS

Bhim Singh

...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Nitin Thatai, Advocate for the appellant.

Mr. Pawan Kumar Hooda, Advocate for the respondent.

***** VINOD S. BHARDWAJ , J. (Oral) The present appeal has been preferred against the judgment of acquittal dated 26.11.2015 passed by learned Judicial Magistrate Ist Class, Panipat in a case stemming from criminal complaint No.4576-2011 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.5,41,321/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 26.11.2015.

3.

Learned counsel appearing on behalf of the appellant submits that in view of the judgment passed by the Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the appellant would have a remedy before the Court of Sessions.

SONIA BURA 2025.12.24 17:44 I attest to the accuracy and integrity of this document

CRA-AS-105-2018 4.

In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present appeal is remanded to the learned Sessions Judge, Panipat with a direction to 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, Panipat forthwith. 6.

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

(VINOD S. BHARDWAJ) 24.12.2025 JUDGE sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2025.12.24 17:44 I attest to the accuracy and integrity of this document