1 2025:CGHC:43349 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 156 of 2024 Shivakant Jaiswal (Wrongly Mentioned As Shivkant) S/o Raghubaldayal Jaiswal Aged About 33 Years R/o Jaiswal Provision Store Beside The Jhalak Sadi Shop No. 194, Sector- 6 A Market, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Petitioner versus Padam Rao Thoke S/o Ramlal Thoke Aged About 53 Years R/o 31 B Flat No. 202 Maitri Haritage Ispat Nagari Rishali, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Respondent For the Appellant : Mr. Aditya Shrivastava, Advocate For the respondent : Ms. Rakshit Mishra, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 26.08.2025 1. This acquittal appeal U/s 419(4) of BNSS has been filed against the judgment dated 01.12.2023 passed by the learned Judicial Magistrate First Class, Durg, District Durg (C.G.) in Complaint Case No. 3233/2014 whereby, respondent/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 in a recent decision rendered in M/s. Celestium Financial Vs. A. Gnanasekaran 2 Etc. reported in 2025 INSC 804, Hon’ble the Supreme Court held that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy of appeal. 3. 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 60 days from the date of receipt of a copy 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. 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. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao