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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
UMESH THAKUR – Appellant
Versus
BIRENDER TIWARI – Respondent
| Table of Content |
|---|
| 1. substantive prayer for appeal under section 138. (Para 1) |
| 2. reference to previous judgments clarifying procedural rights of complainants. (Para 2 , 4) |
| 3. appeal remitted for fresh consideration without prior biases. (Para 3) |
SUMEET GOEL , J. (Oral)
1. The substantive prayer made in the present appeal reads, thus:
“It is therefore, respectfully payed that the criminal appeal may kindly be allowed and the judgment dated 17.12.2018 passed by Ld. JMIC, Faridabad. May Kindly be set aside and the respondents may kindly be convicted under Section 138 of Negotiable Instruments Act , in the interest of justice.”
Alongwith an appeal, an application for grant of leave has also been preferred under Section 378(4) Cr.P.C., 1973
2. I have perused the paper-book.
3. Before proceeding to consider the application (for grant of special leave to appeal)/appeal, it would be apposite to refer herein to a judgment passed by this Court in CRM-A-826-2025 titled as Raj Kumar vs. Rajender : 2025:PHHC:079740 wherein, this Court, while relying upon the dicta of the Hon’ble Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. 2025 INSC 804 : 2025(3) RCR (Criminal) 208, has held that
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