1 2025:CGHC:29887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P No. 1261 of 2025 Ghanshyam Das Gangwani S/o Vadhumalji Gangwani Aged About 59 Years R/o Main Road Old Bilaspur, Opposite Laxmi Talkies, Bilaspur Police Station City Kotwali, District Bilaspur Chhattisgarh ... Petitioner versus 1 - J.C. Banerjee S/o Late K.P. Banerjee, Aged About 60 Years R/o Vivekanand Nagar Mopka, Police Station Sarkanda, District Bilaspur Chhattisgarh 2 - Anand Kumar S/o Parikshit Kumar Aged About 45 Years R/o Mopka, Presently Residing At Rajkishore Nagar, Bilaspur, Police Station Sarkanda, Tehsil And District Bilaspur Chhattisgarh ... Respondents For Petitioner : Shri Mohit Kumar, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 02.07.2025 1. This Petition has been filed under Section 419(4) of the BNSS, 2023 for grant of special leave to Appeal against the judgment of acquittal dated 02.12.2024 passed by the Judicial Magistrate First Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.07.03 12:17:53 +0530 2 Class, Bilaspur, District Bilaspur in Criminal Complaint Case No.34/2024 whereby, the Respondent/accused has been acquitted of the charge under Section 420/34 IPC. 2. At the outset, learned Counsel for the Petitioner submits that the Petitioner has died. He further 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 this Petition may be disposed of reserving the liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Petition stands disposed of reserving the liberty in favour of the Petitioner to file an Appeal before the appropriate Court within a period of 45 days from the date of passing of this order in accordance with law. 4. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the said Court would not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law. 3 5. Learned Counsel for the Petitioner is directed to inform the legal representatives of the Petitioner through registered mode with regard to availing of the said remedy, if so advised. 6. Registry shall return the certified copy of the judgment and relevant documents to Counsel for the Petitioner after retaining its photocopy. Sd/- (Deepak Kumar Tiwari) JUDGE Priya