M/S Mahaluxmi Feed Mills v. M/S Jrd Poultry Farm And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-A-1116-2025 (O&M) Date of Decision : 18.08.2025 M/S MAHALUXMI FEED MILLS .... APPELLANT V/S M/S JRD POULTRY FARM AND ANOTHER .... RESPONDENTS CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :- Mr.Amarsh Dudeja, Advocate for the appellant.

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

The present application has been preferred under Section 419

(4) of BNSS seeking grant of leave to appeal against the judgment of acquittal dated 09.04.2025 passed by the learned Judicial Magistrate 1st Class, Panchkula 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 Anju Goel 2025.08.22 10:19 I attest to the accuracy and integrity of this document Chandigarh

CRM-A-1116-2025 (O&M) -2Revenue Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified 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, Panchkula 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 application for condonation of delay shall be decided by the appellate Court, after providing opportunity of hearing to the opposite party. 5.

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Panchkula forthwith. 6.

Disposed of accordingly.

(SUBHAS MEHLA) JUDGE 18.08. 2025 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.22 10:19 I attest to the accuracy and integrity of this document Chandigarh