SUNIL KUMAR vs SONU

In the High Court for the States of Punjab and Haryana at Chandigarh 225 CRM-A-334-MA-2017 (O&M) Date of Decision:- 08.05.2026 Sunil Kumar … Applicant Versus Sonu ... Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Ms. Tanya Mittal, Advocate for Mr. Manish Soni, Advocate for the applicant. ***** SUBHAS MEHLA, J. (Oral) 1. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated 07.12.2016 passed by learned Judicial Magistrate Ist Class, Gurgaon, 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-2700-MA-2018 decided on 02.07.2025. Further, the Hon’ble Supreme Court i