1 2025:CGHC:44516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 157 of 2020 1 - Pragati Mahila Nagrik Sahakari Bank Maryadit, Shop No. 11, A Market, Sector - 2 Bhilai, Tahsil And District - Durg Chhattisgarh. (complainant). --- Appellant. versus 1 - A. Channeya S/o Chankesh, Aged About 41 Years R/o House No. 3 / 31, Bhilai Hotel Staff Quarters, Bhilai Tahsil And District - Durg Chhattisgarh. (accused). --- Respondent(s) ACQA No. 160 of 2020 1 - Pragati Mahila Sahakari Bank Maryadit Shop No. 11, A Market, Sector - 2 Bhilai, Tahsil And District Durg Chhattisgarh. (complainant). ---Appellant. Versus 1 - A. Channeya S/o Chankesh Aged About 41 Years R/o House No. 3/31, Bhilai Hotel Staff Quarters, Bhilai, Tahsil And District Durg Chhattisgarh. (accused). --- Respondent(s) For Appellant : Ms. Vartika Shrivastava appears on behalf of Shri PR Patankar, Advocates. For Respondent : Shri KPS Gandhi, Advocate. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.09.02 16:55:53 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 02/09/2025 1. Acquittal Appeal No.157 of 2020 has been filed against the judgment dated 21.10.2019 passed by the Judicial Magistrate First Class, Durg, C.G. in Complaint Case No.4678/2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. Acquittal Appeal No.160 of 2020 has been filed against the judgment dated 05.08.2019 passed by the Judicial Magistrate First Class, Durg, C.G. in RCC No.4677/2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. At the outset, learned counsel for the appellants 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 4. Counsel for the respondent would not oppose the aforesaid prayer. 5. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), the Appeals stand disposed of 3 reserving liberty in favour of the appellants to file an appeal within a period of 45 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. 6. 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. 7. Registry shall send back the records to the concerned Court. 8. Accordingly, the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash