1 2025:CGHC:23539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 105 of 2025 Jainsons Through Its Proprietor Shri Vivek Jain, S/o Late Shri Deshraj Jain, Aged At Present Near About 61 Years, R/o. 202, National Corporate Park, Opposite Anupam Garden, G.E. Road, Raipur, District- Raipur (C.G.) ... Petitioner(s) versus 1 - Shree Sheetal Mines And Minerals Pvt. Ltd. Having Its Registered Office At Shop No. 10, Second Floor, Shaheed Veer Narayan Parisar, Ghadi Chowk, Raipur, District- Raipur (C.G.) (Note- That The Complaint Was Filed Against The Company Also And Even In The Impugned Order (Head Note) The Name Of The Company Has Been Shown, But Due To Inadvertence In The Cause Title The Name Of The Company Has Been Skipped). 2 - Saket Agrawal S/o Ramgopal Agrawal Aged About 40 Years Directors Shri Sheetal Mines And Minerals Pvt. Ltd. And R/o. A-150, Swarnabhoomi Vidhansabha Road, District- Raipur (C.G.) 3 - Smt. Sunita Agrawal W/o Ramgopal Agrawal Aged About 59 Years Directors Shri Sheetal Mines And Minerals Pvt. Ltd. And R/o. A-150, Swarnabhoomi Vidhansabha Road, District- Raipur (C.G.) 4 - Ramgopal Agrawal S/o Ramniranjan Agrawal Aged About 62 Years Directors Shri Sheetal Mines And Minerals Pvt. Ltd. And R/o. A-150, Swarnabhoomi Vidhansabha Road, District- Raipur (C.G.) 5 - Ranu Agrawal W/o Saket Agrawal Aged About 38 Years Directors Shri Sheetal Mines And Minerals Pvt. Ltd. And R/o. A-150, Swarnabhoomi Vidhansabha Road, District- Raipur (C.G.) Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.13 11:43:24 +0530 2 ... Respondent(s) For Appellant : Ms. Apoorva Ghore, Adv on behalf of Mr. Manoj Paranjpe, Advocate. For Respondents : Mr. Yashkaran Singh, Adv on behalf of Mr. Amrito Das, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 12.06.2025 1. The present Acquittal Appeal has been preferred against the judgment of acquittal dated 31.01.2025 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.3137/2021, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. Learned counsel for the appellant submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. He submits that the Appeal may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a 3 period of 30 days from this order before the appropriate Court, in accordance with law. 5. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay