1 2025:CGHC:23801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 153 of 2025 1 - B. L Gangwani S/o Late Shri Waliram Gangwani Aged About 70 Years R/o House No. U-3, Shivaji Park, Avanti Vihar, Police Station Telibandha, Raipur, Chhattisgarh. (Complainant) ... Appellant. versus 1 - C. Yajulu Rao S/o Late Shri Jagannath Rao, R/o House No. 27/191 New Shanti Nagar, Police Station Civil Line, Raipur, Chhattisgarh. ... Respondent(s) For Appellant : Ms. Upasana Mehta, Advocate. For Respondent(s) : Shri Akash Kundu, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 13/06/2025 1. This acquittal appeal has been filed against the order dated 08.08.2024 passed by Judicial Magistrate First Class, Raipur in Complaint Case No.2356 of 2016 whereby, complaint case was dismissed invoking powers under Section 256 Cr.P.C. and respondent/accused was acquitted 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.13 16:12:22 +0530 2 804, 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 submission and submits that he has filed the vakalatnama but his name has not been reflected in the cause list. 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 30 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. 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. Registry shall send back the record to the concerned Court. 7. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash