Mohit Ratra v. Rahul Sharma

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-A-533-2020 Date of Decision : 20.08.2025 MOHIT RATRA .... APPELLANT V/S RAHUL SHARMA .... RESPONDENT CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :- Mr.Raman Kumar, Advocate for Mr. Yash Dev Kaushik, Advocate for the appellant.

**** SUBHAS MEHLA, J. (Oral) 1.

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 21.01.2020 passed by the learned Judicial Magistrate 1st Class, Faridabad in a complaint case filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act').

2.

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. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor in CRM-A-2700MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospective overruling, the Hon'ble Supreme Court in Directorate of Revenue Intelligence Vs. Raj Kumar Arora in SCC Online 819 has Anju Goel 2025.08.25 13:23 I attest to the accuracy and integrity of this document Chandigarh

CRM-A-533-2020 -2clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively.

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, concerned 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. 4.

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, concerned forthwith. 5.

Disposed of accordingly.

(SUBHAS MEHLA) JUDGE 20.08. 2025 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.25 13:23 I attest to the accuracy and integrity of this document Chandigarh