1 2025:CGHC:44164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 129 of 2020 Prasen Singh S/o Late Shri Dani Singh, Aged About 60 Years, R/o Purani Basti, Ward No. 17, Akaltara, Police Station - Akaltara, District - Janjgir- Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---Appellant. versus Kumari Sushma Raj D/o Shri Dhanaram Raj Aged About 30 Years R/o Government Primary School Parsahinala, Tahsil and Police Station - Akaltara, District - Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent. With ACQA No. 63 of 2020 Prasen Singh S/o Late Shri Dani Singh Aged About 60 Years R/o Purani Basti, Ward No. 17, Akaltara, Police Station - Akaltara, District - Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---Appellant. Versus Mukund Singh Kanwar S/o Shri Sarkar Singh Kanwar R/o Kotgadh, Tahsil and Police Station - Akaltara, District - Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---Respondent. With Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.01 14:33:40 +0530 2 ACQA No. 169 of 2020 Prasen Singh S/o Late Shri Dani Singh Aged About 60 Years R/o Purani Basti, Ward No. 17, Akaltara, Police Station Akaltara, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---Appellant. Versus Ganeshram Portey S/o Late Shi Mayaram Portey Aged About 58 Years R/o Parsahinala, Tahsil and Police Station Akaltara, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent. (Cause title downloaded from CIS Periphery) For Appellants : Mr. Abhishek Singh, Advocate on behalf of Mr. S. P. Kale, Advocate. For Respondents : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 01.09.2025 1. ACQA No. 129 of 2020 . The appellant has filed this acquittal appeal against the judgment of acquittal dated 04.10.2019 passed by the Judicial Magistrate First Class, Akalatara, District Janjgir-Champa (CG) in Complaint Case No.250/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 2. ACQA No. 63 of 2020 . The appellant has filed this acquittal appeal against the judgment of acquittal dated 08.11.2019 passed by the Judicial Magistrate First Class, Akalatara, District Janjgir-Champa (CG) in Complaint Case No.246/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable 3 Instruments Act, 1881. 3. ACQA No. 169 of 2020 . The appellant has filed this acquittal appeal against the judgment of acquittal dated 05.11.2019 passed by the Judicial Magistrate First Class, Akalatara, District Janjgir-Champa (CG) in Complaint Case No.251/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 4. 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. He submits that these cases may be disposed of reserving liberty so as to avail the said remedy. 5. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), these appeals stand disposed of reserving liberty in favour of the appellant(s) to file an appeal within a period of 45 days from the date of 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 6. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay