IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

288 CRM-A-2746-2019 (O&M) Date of decision: 02.09.2025 Rajesh Kumar @ Bittu ...Applicant Versus Pushpa Malhotra and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Vikas Mesempuri, Advocate for the applicant.

MANISHA BATRA, J. (Oral)

1. The instant application has been filed by the applicant under Section 378(4) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) seeking grant of leave to file appeal against the judgment of acquittal dated 16.05.2019, passed by the Court of learned Judicial Magistrate First Class, Barnala in Criminal complaint titled as Rajesh Kumar @ Bittu vs. Pushpa Malhotra and others, filed under Sections 499 and 500 of IPC, whereby the respondents/accused had been acquitted of the aforementioned offences.

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. (which is pari materia with Section 413 of Bharatiya Nagarik Sur