1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 115 of 2025 1 - Safina W/o Late Mohammad Hasim Khan Aged About 55 Years R/o Village- Junapara, Panchayat- Tengani, Police Station And Tehsil- Patna, District- Korea, Chhattisgarh. 2 - Khatun Nisha D/o Late Mohammad Hasim Khan/ W/o Gulabuddin Aged About 40 Years R/o Village Panchayat- Vikrampur, Police Station And Tehsil- Sonhat, District- Korea, Chhattisgarh. 3 - Jatun Nisha D/o Late Mohammad Hasim Khan/w/o Uzaifa Khan Aged About 30 Years R/o Village Panchayat- Bandha, Police Station And Tehsil- Lakhanpur, District- Sarguja, Chhattisgarh 4 - Hakim Khan S/o Late Mohammad Hasim Khan Aged About 25 Years R/o Village- Junapara, Panchayat- Tengani, Police Station And Tehsil- Patna, District- Korea, Chhattisgarh 5 - Shahina D/o Late Mohammad Hasim Khan/w/o Saddam Husain Aged About 23 Years R/o Village Panchayat- Kotal, Post- Umeshwarpur, Police Station And Tehsil - Premnagar, District- Surajpur, Chhattisgarh 6 - Aisha Parveen D/o Late Mohammad Hasim Khan Aged About 16 Years Through Legal Guardian Safina W/o Late Mohammad Hasim Khan, Through R/o.- Village - Junapara, Panchayat- Tengani, Police Station And Tehsil- Patna, District- Korea, Chhattisgarh (Mohammad Hasim Khan Died During The Pendency of The Appeal) Digitally signed by HEERA LAL SAHU Date: 2025.09.17 10:36:16 +0530 2 7 - Mohammad Jahir Khan S/o Rahimuddin Aged About 56 Years R/o Village - Tengani, Police Station - Patna, District- Korea, Chhattisgarh. ... Appellants versus 1 - J.R. Thakur S/o Shri Devnath Thakur Aged About 69 Years R/o - 25 B Avadhpuri Risali, Bhilai, District- Durg, Chhattisgarh (Accused) 2 - The State of Chhattisgarh Through District- Magistrate, District- Korea (C.G.) ... Respondents For Appellants : Mr. Aditya Chopra, Advocate. For Respondent No. 1 : Mr. Anil Gulati, Advocate. For Respondent No. 2/State Mr. Deepak Kumar Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 16/09/2025 1. This acquittal appeal U/s 419(4) of the BNSS has been filed against the judgment dated 19.07.2023 passed by the learned Judicial Magistrate First Class, Baikunthpur, District - Korea (C.G.) in Criminal Case No. 9/2015, whereby the respondent No. 1/accused has been acquitted for the commission of the offence under Sections 219 and 466 of the IPC. 2. At the outset, learned counsel for the appellants submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of 3 Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. 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 appellants to file an appeal within a period of 60 days from this order before the appropriate Court, in accordance with law. It is further made clear that if such an appeal is filed before the concerned Court within the time given by this Court, it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law. 4. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellants after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu