Punjab-Haryana High Court
The Malout Primary Coop. Agri. Dev Bank ... vs Mohkam Singh on 19 November, 2025
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
229
CRA-AS--135-2016 (O&M)
Date of decision: 19.11.2025
The Malout Primary Cooperative Agriculture Development Bank Limited,
Malout ...Appellant
VERSUS
Mohkam Singh ...Respondent
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr.
r. Parmod Kumar Nagpal, Advocate, for the appellant.
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VINOD S. BHARDWAJ,
BHARDWAJ J. (Oral)
CRM-11028-2016 2016 Prayer ayer in the present application iss for condonation of delay of 146 days in filing the appeal.
For the reasons mentioned in the application, the same is allowed and delay of 146 days in filing the appeal is condoned. Main case The present appeal has been preferred against the judgment of acquittal dated 04.09.2015 passed by the learned Judicial Magistrate First Class, Malout stemming out from complaint No.NACT/517/2014 filed under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code, 1860.
1860
2. The complaint (supra) was filed on the grou ground of dishonor of cheque of Rs.1,44,700/-.
Rs.1,44,700 After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 04.09.2015 .09.2015.
3. Learned counsel appearing on behalf of the appellant submits SUMIT SINGH GUSAIN 2025.11.27 11:44 I attest to the accuracy and integrity of this document
-2 229 CRA-AS-135 135-2016 (O&M) that in view of the judgment passed by the Hon'ble Su Supreme Court in M/s.
Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the appellant would have a remedy before the Court of Sessions.
4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), (supra) the present appeal eal is remanded to the learned Sessions Judge, Sri Muktsar Sahib with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and entrust the same to appropriate Court urt for its disposal on merits.
5. The Registry is directed to send the complete paper paper-book and the record of the case to the learned Sessions Judge, Sri Muktsar Sahib, forthwith.
6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of.
(VINOD S. BHARDWAJ)
19.11.2025 JUDGE
Sumit Gusain
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
SUMIT SINGH GUSAIN
2025.11.27 11:44
I attest to the accuracy and
integrity of this document