Himachal Pradesh High Court
Cr.A.(A-SB)/71/2026 of VINOD KUMAR Vs JESSI RAM AND ANOTHER on 19 August 2026
HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal (A.SB) No.71 of 2026 Date of Decision: 19.08.2026 _______________________________________________________ Vinod Kumar …….Appellant Versus Jessi Ram & another … Respondent
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2026:HHC:35044 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Appeal (A.SB) No.71 of 2026 Date of Decision: 19.08.2026 _______________________________________________________ Vinod Kumar
…….Appellant
Versus
Jessi Ram & another
… Respondent _______________________________________________________
Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Appellant: Mr. Mohar Singh, Advocate.
For the Respondent: Nemo.
____________________________________________________ Sandeep Sharma, Judge(oral):
Learned counsel for the parties are in agreement that in terms of provision contained under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 and judgments passed by Hon’ble Apex Court in Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320 and Mallikarjun Kodagali (Dead) represented through Legal Representatives Vs. State of Karnataka and Others, (2019) 2 SCC 752, a complainant being aggrieved by dismissal of his/her complaint under Section 138 of Negotiable Instruments Act is required to file an appeal before learned District & Sessions Judge.
1Whether the reporters of the local papers may be allowed to see the judgment?
2
2026:HHC:35044
2. In view of the above, Registry is directed to transfer the case at hand to the Court of learned District & Sessions Judge, Shimla, District Shimla, Himachal Pradesh, forthwith, enabling afore Court to proceed with the matter in accordance with law. However, while doing the needful in terms of directions contained in the instant order, Registry may retain photocopy of the petition alongwith the documents annexed thereto for the record.
3. Learned counsel for the petitioner undertakes to cause appearance of his clients before the learned District & Sessions Judge, Shimla, District Shimla, Himachal Pradesh, on 15.09.2026, enabling it to proceed with the matter in accordance with law. Record of the Court below be sent back forthwith.
(Sandeep Sharma),
Judge August 19, 2026 (shankar)