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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
Jatinder Kumar Arora – Appellant
Versus
Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. procedural requirements for appealing acquittal under section 138. (Para 1 , 2) |
| 2. judicial discretion to remit the appeal to sessions court. (Para 3 , 4) |
SUMEET GOEL, J. (Oral)
1. The substantive prayer made in the present appeal reads, thus:
“It is therefore respectfully prayed that this appeal may be allowed and the judgment dated 09.03.2015 may be set aside and the respondent may be convicted of the offence under Section 138 of Negotiable Instrument 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 heard learned counsel for the appellant and have perused the paper-book at some length.
3. Before proceeding to hear the application (for grant of special leave to appeal)/appeal on merits thereof, 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 an appeal against an order of acquittal
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