1 2025:CGHC:26411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 183 of 2025 Nirmal Chand Kothari S/o Umed Chand Kothari Aged About 54 Years R/o Kamthi Line, Post Tehsil And District-Rajnandgaon (C.G.) E-Mail- Nirmalkothari12@Gmail.Com, Mobile No. 9827151356, A/c 87470100005737 Bank Of Baroda, Rajnandgaon (C.G.) ... Appellant. versus Sanjay Prajapati S/o Rajendra Pandit Aged About 38 Years R/o Gauri Nagar, Gali No. 2, Beside Ajmeri Kirana, P.S. Chikhali, District- Rajnandgaon (Cg) Mobile No. 9425554191 ... Respondent. For Appellant : Mr. Anuj Pandey, Adv on behalf of Mr. S.S.Baghel, Adv. For Respondent : Mr. Vishnu Muni, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 20.06.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 07.11.2024 passed by the Judicial Magistrate First Class, Rajnandgaon in Criminal Case No.4463/2021, 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. 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 Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.20 17:07:35 +0530 2 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 the case may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the respondent submits that he has filed Vakalatnama today itself and he has no objection with regard to the aforesaid limited 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. 5. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay