RAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The applicant has filed the present application under Sec. 378(4) Cr.P.C. for grant of leave to file an appeal against the impugned order dtd. 6/5/2022 passed by learned Judicial Magistrate Ist Class, S, whereby, the trial Court has dismissed the complaint of the petitioner filed under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 (for short, 'the Act').

(2.) Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Ss. 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Sec. 372 of Cr.P.C. before the Court of Sessions. Relevant para of the said judgment is as under:-

(3.) Further, applying the doctrine of prospective overruling, Hon'ble Supreme Court in Directorate of Revenue Intelligence vs. Raj Kumar Arora in Criminal Appeal No. 1319 Of 2013 with Criminal Appeal No. 272 of 2014 decided on 17/4/2025, while clarifying that judgments shall be applicable retrospectively, has held as under:-