Raj Kumar v. Hardeep Singh

CRA-S-4626-SB-2014

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-S-4626-SB-2014 (O&M) Date of decision: 11.12.2025 Raj Kumar ...Applicant

VERSUS

Hardeep Singh

...Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Pavneet Kaur, Legal Aid Counsel for the applicant.

***** VINOD S. BHARDWAJ , J. (Oral) The present appeal has been preferred against the judgment of acquittal dated 15.05.2014 passed by learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib in a case stemming from criminal complaint NACT/455/13 filed under Section 138 of the Negotiable Instruments Act, 1881. 2.

It is noticed that the instant appeal pertains to the year 2014, however, no one has entered appearance on behalf of the appellant, hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. Pavneet Kaur (Enrol. No.PH/10664/2025) M-7009644395, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of appellant to arrive at a decision. She has gone through the case file and submits that the present appeal has been filed against the judgment of acquittal dated 15.05.2014 passed by Addl. Chief Judicial Magistrate, Fatehgarh Sahib in case No.NACT/455/13 filed under Section 138 of the Negotiable Instruments Act, 1881. She fairly submits that in view of the judgment passed by the Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., SONIA BURA 2025.12.15 12:43 I attest to the accuracy and integrity of this document

CRA-S-4626-SB-2014 2025(3) RCR (Criminal) 208, the appellant would have a remedy before the Court of Sessions.

3.

The complaint (supra) was filed on the ground of dishonour of cheque issued by the accused-respondent bearing No.0382199 dated 25.08.2011 amounting to Rs.60,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 15.05.2014.

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, Fatehgarh Sahib 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, Fatehgarh Sahib forthwith. 6.

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

7.

A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. (VINOD S. BHARDWAJ) 11.12.2025 JUDGE sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2025.12.15 12:43 I attest to the accuracy and integrity of this document