Rajdeep Singh Mehta v. Roop Narayan
CRM-A-1167-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-A-1167-2024 (O&M) Date of Decision: 19.08.2025 RAJDEEP SINGH MEHTA .....APPELLANT
VERSUS
ROOP NARAYAN .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present:
Mr. Fateh Saini, Advocate for the applicant/appellant.
SANDEEP MOUDGIL, J (ORAL) CRM-35099-2024 This is an application under Section 5 of Limitation Act for condonation of delay of 29 days in filing the accompanied appeal. For the reasons mentioned in the application, the same is allowed.
Delay of 29 days in filing the present appeal, is hereby condoned.
CRM-A-1167-2024 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 29.04.2024 passed by the learned JMIC, Chandigarh, 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 VIVEK PAHWA 2025.08.22 17:05 I attest to the accuracy and integrity of this document Chandigarh
CRM-A-1167-2024 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, Chandigarh 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, Chandigarh 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