1 2025:CGHC:25983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 154 of 2025 1 - Manoj Kumar S/o Shivdani Singh presently Aged About 54 Years R/o C/o Manoj Kumar, Plot No. 134, Sada Colony, Jamnipali, Korba, Tehsil- Katghora, District- Korba, Chhattisgarh (Appellant Original Complainant) ... Appellant. versus 1 - M/s. Abhinav Construction Represented Through Suman Kumar, S/o Shaligram Mauwar, Aged About 55 Years, R/o Mig- Ii/74, Pandit Ravishankar Shukla Nagar, Korba, Tehsil- Korba, District- Korba, Chhattisgarh. (Respondent No. 1 Original Accused). 2 - Suman Kumar S/o Shaligram Mauwar Aged About 55 Years R/o Mig- Ii/74, Pandit Ravishankar Shukla Nagar, Korba, Tehsil- Korba, District- Korba, Chhattisgarh, Partner M/s Abhinav Construction, Having Head Office At - Plot No. 61, Behind Blue Bird School, Near Muskan Dental Clinic, Kosabadi, Korba, Tehsil And District- Korba, Chhattisgarh. Having Registered Office At Mig- Ii/74, Pandit Ravishankar Shukla Nagar, Korba, Tehsil- Korba, District- Korba, Chhattisgarh. (Respondent No. 2 Original Accused). ... Respondent(s) For Appellant : Shri Harshmander Rastogi appears on behalf of Shri Abhishek Vinod Deshmukh, Advocates. For Respondent(s) : Shri Vikas Kumar Pandey, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.20 10:25:00 +0530 2 19/06/2025 1. This acquittal appeal has been filed against the order dated 09.12.2024 passed by Judicial Magistrate First Class, Katghora District Korba (C.G.) in Criminal Case No.3544/2018 whereby, respondents/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. Learned counsel for the respondent 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 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. 3 5. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 6. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash