Dharminder Singh Dharminder Singh v. Singh Sukhwinder Singh
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 280 CRM-A-526 526-MA-2018 (O&M) Date of decision: 17.09.2025 Date of decision: - Dharminder Singh Dharminder Singh ...Applicant VERSUS Singh Sukhwinder Singh ...Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. as Legal Aid Counsel, . Harshit Singla as Legal Aid Counsel, for the applicant. for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ application has been preferred under Section 378(4) The present application has been preferred under Section 378(4) The present 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 05.12.2017 passed by the learned Judicial Magistrate First Class passed by the learned Judicial Magistrate First Class, Patiala stemming out from complaint complaint No. 2169 dated 27.11.2014 filed under Section filed under Section 138 of the read with Section 420 of the Indian Penal Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Negotiable Instruments Act, 1881 Code, 1860. 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 2018, however, no one has entered appearan ce on behalf of the applicant, however, no one has entered appearance on behalf of the applicant hence, it is deemed expedient to nominate a Legal Aid Counsel. hence, it is deemed expedient to nominate a Legal Aid Counsel. Mr. Harshit Advocate, who is present in the Court, is appointed as the Legal Aid Singla, Advocate, who is present in the Court, is appointed as the Legal Aid Advocate, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant Counsel to represent the case on be applicant to arrive at a decision. has gone through the case file and submits that the present application He has gone through the case file and submits that the present application has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated 05.12.2017 passed by has been filed against the judgment of acquittal dated has been filed against the judgment of acquittal dated the Judicial Magistrate Magistrate 1st Class, Patiala, in in complaint No. 2169 dated SUMIT SINGH GUSAIN 2025.09.19 15:42 I attest to the accuracy and integrity of this document 280 CRM-A-526 526-MA-2018 (O&M) -2 27.11.2014 filed under Section 138 of the Negotiable Instruments Act, 1881 filed under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Code, 1860. He fairly submits that read with Section 420 of the Indian Penal Code, 1860. read with Section 420 of the Indian Penal Code, 1860. in view of the judgment passed by the Hon’ble Supreme Court in M/s. in view of the judgment passed by the Hon’ble Supreme Court in in view of the judgment passed by the Hon’ble Supreme Court in l vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) Celestium Financia 208, the applicant would have a reme dy before the Court of Sessions. the applicant would have a remedy 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 cheque of Rs.5,00,000/ After assessing all the material available on the of Rs.5,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment record, the learned trial Court acquitted the respondent(s) vide judgment record, the learned trial Court acquitted the respondent(s) vide judgment 05.12.2017. dated 05.12.2017 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 Celestium Financial (supra), the present application seeking Celestium Financial (supra) , the present application seeking leave to appeal is remanded to the learned Sessions Judge, to the learned Sessions Judge, Patiala Patiala with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. same to appropriate Court for its disposal on merits. same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper The Registry is directed to sen d the complete paper-book and the record of the case to the learned Sessions Judge, Patiala forthwith. the record of the case to the learned Sessions Judge, the record of the case to the learned Sessions Judge, 6.
Decision
Disposed of accordingly. Pending miscellaneous applications, if Disposed of accordingly. Pending miscellaneous applications, if Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. any, also stand disposed of. 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. 17.09.2025 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 2025.09.19 15:42 I attest to the accuracy and integrity of this document