Rajinder Kumar Rajinder Kumar v. Davinder Kumar Davinder Kumar
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - 239 CRM-A-283 283-2023 (O&M) Date of decision: 22.09.2025 Date of decision: Rajinder Kumar Rajinder Kumar ...Applicant VERSUS Davinder Kumar Davinder Kumar ...Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. as Legal Aid Counsel, . Dheerja as Legal Aid Counsel, for the applicant. for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ 2023 CRM-13172-2023 Prayer in the present s for condonation of delay of ayer in the present application is for condonation of delay of days in filing the application for leave to appeal. 65 days in filing the application for leave to appeal. days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is For the reasons mentioned in the application, the same For the reasons mentioned in the application, the same allowed and delay of 65 days in filing application allowed and delay of 65 days in filing application for leave to appeal is condoned. Main case The present application has been preferred under Section 378(4) The present application has been preferred under Section 378(4) The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal against the judgment of acquittal grant of leave to appeal judgment of acquittal dated 04.10.2022 passed by the learned Judicial Magistrate First Class passed by the learned rst Class, Hoshiarpur stemming out from complaint complaint No.145 of 2016 filed under Section filed under Section 138 of the Negotiable Instruments Act, 1881. Negotiable Instruments Act, 1881 2. It is noticed that the instant application pertains to the year It is noticed that the instant application pertains to the year It is noticed that the instant application pertains to the year 2023, however, no one has entered appearan however, no one has entered appearance on behalf of the ce on behalf of the applicant, SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document 2023 (O&M) 239 CRM-A-283-2023 (O&M) -2 hence, it is deemed expedient to nominate a Legal Aid Counsel. hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. , who is present in the Court, is appointed Dheerja, Advocate, PH-9425-2022, who is present in the Court, is appointed Dheerja, Advocate, PH as the Legal Aid Counsel to represent the case on behalf of applicant to as the Legal Aid Counsel to represent the case on behalf of as the Legal Aid Counsel to represent the case on behalf of has gone through the case file and submits that the arrive at a decision. She has gone through the case file and submits that the arrive at a decision. present application has been filed against the judgment of acquittal dated present application has been filed against the judgment of acquittal dated present application has been filed against the judgment of acquittal dated 04.10.2022 passed by passed by the Judicial Magistrate Magistrate 1st Class, Hoshiarpur, in complaint No.145 of 2016 145 of 2016 filed under Section Section 138 of the Negotiable fairly submits that in view of the judgment Instruments Act, 1881. She fairly submits that in view of the judgment Instruments Act, 1881. M/s. Celestium Financial vs. A. passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. passed by the Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 a remedy before the Co dy before the Court of Sessions. 3. The complaint (supra) was filed on the ground of dishonour of The complaint (supra) was filed on th The complaint (supra) was filed on th After assessing all the material available two cheques of Rs.3,00,000/- each. After assessing all the material available two cheques of Rs.3,00,000/ on the record, the learned trial Court acquitted the respondent(s) vide on the record, the learned trial Court acquitted the respondent(s) vide on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 04.10.2022. judgment dated 4. n view of the judgment rendered by the Apex Court in In view of the judgment rendered by the Apex Court in n view of the judgment rendered by the Apex Court in , the present application seeking leave to appeal Celestium Financial (supra), the present application seeking leave to appeal Celestium Financial (supra) is remanded to the learned Sessions Judge, to the learned Sessions Judge, Hoshiarpur Hoshiarpur with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust treat the same as an appeal filed under Section 372 treat the same as an appeal filed under Section 372 the same to appropriate Court for its disposal on merits. the same to appropriate Court for its disposal on merits. the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and The Registry is directed to send the complete paper The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge, Hoshiarpur forthwith. the record of the case to the learned Sessions Judge, the record of the case to the learned Sessions Judge, 6.
Decision
miscellaneous applications, if Disposed of accordingly. Pending miscellaneous applications, if Disposed of accordingly. Pending any, also stand disposed of. any, also stand disposed of. SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document 2023 (O&M) 239 CRM-A-283-2023 (O&M) -3 7. A copy of this order be sent to the High Court Legal Service A copy of this order be sent to the High Court Legal Service A copy of this order be sent to the High Court Legal Service Committee for information and necessary action. Committee for information and necessary action. Committee for information and necessary action. 22.09.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable Whether reportable Yes/No Yes/No SUMIT SINGH GUSAIN 2025.09.24 17:43 I attest to the accuracy and integrity of this document