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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA, J
Pardeep Kumar – Appellant
Versus
M/s Avnish @ company and another – Respondent
| Table of Content |
|---|
| 1. application seeks appeal against acquittal. (Para 1) |
| 2. victim’s right to appeal explained. (Para 2 , 3) |
| 3. court’s observations on appeal. (Para 4 , 5) |
| 4. victim may appeal without special leave. (Para 6) |
| 5. appeal remitted for further proceedings. (Para 9) |
MANISHA BATRA, J (ORAL):-
1. The instant application has been filed under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short ‘ Cr.P.C .’) seeking grant of leave to file an appeal against the judgment of acquittal dated 31.01.2024 passed by the learned Judicial Magistrate Ist Class, Amloh, District Fatehgarh Sahib in Criminal Complaint titled as Pardeep Kumar vs. M/s Avnish & Company and another, filed under Section 138 /142 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), whereby the respondent No.2 was acquitted for commission of offence punishable under the aforementioned Section.
2. Today, learned counsel for the applicant, while relying upon a recent pronouncement of Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc. , 2025(3) RCR (Criminal) 208, has submitted that by directing the present application as an appeal, filed under Sections 372 of Cr.P.C . (whic
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