Asa Singh Ajmer Singh v. M/S Kissan Rice Mils And ORS

CRM-A-714-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-A-714-2022(O&M) Date of Decision: 19.08.2025 ASA SINGH AJMER SINGH .....APPELLANT

VERSUS

M/S KISSAN RICE MILLS AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Achin Gupta, Advocate for the applicant/appellant.

Mr.Nishan Singh Chahal, Advocate, for respondent No.3.

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 16.05.2022 passed by the learned Judicial Magistrate Ist Class, Faridkot in a 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.

3.

Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to VIVEK PAHWA 2025.08.22 17:05 I attest to the accuracy and integrity of this document Chandigarh

CRM-A-714-2022 appeal is remanded back to the learned Sessions Judge, Faridkot 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, Faridkot forthwith. 5.

Disposed of accordingly.

6.

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

(SANDEEP MOUDGIL) 19.08.2025 JUDGE
 Whether speaking/reasoned :

Yes Whether reportable :

No VIVEK PAHWA 2025.08.22 17:05 I attest to the accuracy and integrity of this document Chandigarh