Sahil Garg v. Lalit Kumar

CRM-A-1579-MA-2014

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-A-1579-MA-2014 Date of decision: 09.07.2025 Sahil Garg ......Appellant

Versus

Lalit Kumar .....Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Ms. Baani Chhiber Mahajan, Amicus Curiae for the applicant-appellant.

SANDEEP MOUDGIL, 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 the judgment of acquittal dated 28.07.2014 passed by the learned Addl. Chief Judicial Magistrate, Panchkula in a case stemming from complaint dated 15.05.2013 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.

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, Panchkula with a direction to treat MANOJ KUMAR 2025.07.17 21:45 I attest to the accuracy and authenticity of this order

CRM-A-1579-MA-2014 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, Panchkula forthwith. 5.

Disposed of accordingly.

6.

Pending miscellaneous applications, if any, also stand disposed of. ( SANDEEP MOUDGIL ) JUDGE 09.07.2025 manoj Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.07.17 21:45 I attest to the accuracy and authenticity of this order