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2025 Supreme(P&H) 1039

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Raj Kumar – Appellant
Versus
Rajender – Respondent


Advocates Appeared:
For the Appellant :Mr. S.K. Yadav, Advocate

JUDGMENT :

Sumeet Goel, J. (Oral)

1. The substantive prayer made in the present appeal reads, thus:

'It is therefore, respectfully prayed that the appeal of the appellant may kindly be allowed by setting aside the impugned judgment dated 05.03.2025 passed by the ld. JMIC, Mohindergarh, District Mahendergarh in Case No.NACT/90/2020, vide which the respondent has been acquitted of the charges levelled against him in a complaint filed by the appellant u/s138 of the Negotiable Instruments Act, in the interest of justice and fair play.'

Alongwith an appeal, an application for grant of leave has also been preferred under Section 378(4) Cr.P.C., 1973

2. I have heard learned counsel for the appellant/applicant and have perused the paper-book.

3. Before proceeding to hear the application (for grant of special leave to appeal)/appeal, it would be apposite to refer herein to a judgment passed by the Hon'ble Supreme Court in a case titled as M/s Celestium Financial vs. A. Gnanasekaran Etc. 2025 INSC 804, relevant whereof reads, thus:

'2.1 The central issue arising for adjudication in the instant appeals is, whether an appeal would be maintainable under the proviso to Section 372 of the Code of Crimin

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