INDUSIND BANK LTD. vs SRI NIWAS

CRA-AS-39-2016 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 169 CRA-AS-39-2016 Date of decision: 18.05.2026 INDUSIND BANK LTD. ….. Applicant versus SRI NIWAS ….. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present: Mr. Ashwani Talwar, Advocate for the applicant. ****** Rajesh Bhardwaj, J. (Oral) 1. The applicant has filed the present application under Section 378(4) Cr.P.C. for grant of leave to file an appeal against the impugned order dated 26.04.2013 passed by the learned Judicial Magistrate, Ist Class, Rohtak, whereby the trial Court has acquitted the accused- respondent in a complaint filed under Section 138 of Negotiable Instruments Act, 1881. 2. 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. Relevant para of the said judgment is as under:- “7.12 The reasons for the above distinction are not far to see and can be elaborated as follows: PRIYANKA 2026.05.20 10:38 I attest to the accur