1 2025:CGHC:32668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 180 of 2024 1 - Smt. Tarannum Parveen W/o Shri Sheikh Sabir, Aged About 38 Years R/o Near Idgah Mowa, Tahsil And District- Raipur (C.G.) ---Appellant versus 1 - Vishwanath Baghel S/o Shri Runu Baghel, Aged About 35 Years R/o Near Patel Kirana Store, Adarsh Nagar, Mowa Ward No. 27, Raipur, Tahsil And District Raipur (C.G.). Shop-Mahi Garments Sant Ravidas, Vyapar Parisar, Infront Of Dr. Harshwardhan Gupta, Beside Salim Biryani Center, New Bus Stand Road, Raipur (C.G.) --- Respondent ACQA No. 200 of 2024 1 - Sheikh Shabir S/o Shri Late Haji Sheikh Rashid Aged About 46 Years R/o Near Idgah, Mowa, Tahsil And District Raipur (C.G.),... (Complainants) ---Appellant Versus 1 - Vishwanath Baghel S/o Shri Runu Baghel Aged About 39 Years R/o Near Patel Kirana Store, Adarsh Nagar, Mowa Ward No. 27, Raipur, PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.15 11:01:29 +0530 2 Tahsil And District Raipur (C.G.) Shop Mahi Garments Sant Ravidas, Vyapar Parisar, Infront Of Dr. Harshwardhan Gupta, Beside Salim Biryani Center, New Bus Stand Road, Raipur (C.G.),...(Accused) --- Respondent ACQA No. 991 of 2024 1 - Sheikh Shabir S/o Late Shri Haji Sheikh Rashid Aged About 46 Years R/o Near Idgah, Mowa, Tahsil And District - Raipur, Chhattisgarh. ---Appellant Versus 1 - Vishwanath Baghel S/o Shri Runu Baghel, Aged About 39 Years R/o Near Patel Kirana Store, Adarsh Nagar, Mowa Ward No. 27, Raipur, Tahsil And District - Raipur, Chhattisgarh. Shop - Mahi Garments Sant Ravidas, Vyapar Parisar, Infront Of Dr. Harshwardhan Gupta, Beside Salim Biryani Center, New Bus Stand Road, Raipur, Chhattisgarh. --- Respondent ACQA No. 181 of 2024 1 - Sheikh Shabir S/o Shri Late Haji Sheikh Rashid Aged About 46 Years R/o Near Idgah, Mowa, Tahsil And District Raipur (C.G.) ---Appellant Versus 1 - Vishwanath Baghel S/o Shri Runu Baghel Aged About 39 Years R/o Near Patel Kirana Store, Adarsh Nagar, Mowa Ward No. 27, Raipur, Tahsil And District Raipur (C.G.) Shop Mahi Garments Sant Ravidas, Vyapar Parisar, Infront Of Dr. Harshwardhan Gupta, Beside Salim Biryani Center, New Bus Stand Road, Raipur (C.G.) --- Respondent 3 For Appellant(s) : Mr. Palash Agrawal, Advocate For Respondent(s) : Mr. Utkarsh Patel, Advocate appears on behalf of Mr. Pushpendra Kumar Patel, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 14/07/2025 1. These Acquittal Appeals have been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 05.09.2023 passed by the Judicial Magistrate First Class, Raipur in Complaint Case Nos.1665/2019, 2386/2019, 2387/2019 & 2216/2019 respectively, whereby, the respondent/accused has been 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. He submits that the Appeals may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. In view of the aforesaid submission and considering the law declared in 4 the matter of Celestium Financial (supra), these Appeals stand 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 judgments and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the records to the concerned Court. 7. Accordingly, these Appeals are disposed of. 8. Consequently, all the pending application(s), if any, also stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka