The judgment underscores the right to appeal following acquittal, emphasizing procedural correctness and directing remand to the Sessions Court.

VINOD S. BHARDWAJ, J. (Oral)

CRM-28098-2023 Prayer in the application is for condonation of delay of 26 days in filing the appeal.

For the reasons mentioned in the application, the same is allowed and delay of 26 days in filing the appeal is condoned.

CRM-A-916-2023 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 21.12.2022 passed by the learned Judicial Magistrate First Class, Bahadurgarh, Jhajjar stemming out from complaint dated 25.01.2008 filed under Sections 323 /506 read with Section 34 of the Indian Penal Code, 1860 .

It is noticed that the instant application pertains to the year

2023, however, no one has entered appearance on behalf of the applicant, hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. Kritika, Advocate, Enrollment No. 9846/2025, Mobile No. 7986326538 who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant to arrive at a decision. She has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated 21.12.2022 passed by the Judicial Magistrate First Class, Bahadurgarh, Jhajjar in Criminal case No. 1548-2016 filed under Sections 323 /506 read with Section 34 of the Indian Penal Code, 1860 . She fairly submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc. , 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions.

After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated

21.12.2022.

In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Jhajjar with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C . and entrust the same to appropriate Court for its disposal on merits.

The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Jhajjar forthwith.

Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of.