1 2025:CGHC:44586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 396 of 2023 Indian Agro And Food Industries Limited, Registered Office At Village Indamara, Post Pendri, Tehshil And District Rajnandgaon Chhattisgarh Pin 491441 Through Its Field Manager - Sheikh Nawabuddin, S/o Sheikh Babuddin, aged about 34 years, R/o Mamta Nagar, Gali No. 7, Ward No. 19, Tehshil And District Rajnandgaon, Chhattisgarh Pin 491441 --- Appellant versus Abdul Amin S/o Abdul Mateen, aged “Not Known” Prop, “KabirChiken Centre” R/o Amravati Camp, Chaprasipur, Jail Road, Amravati, City Tehshil And District Amravti (Maharashtra) Pin -444601 --- Respondent(s) ACQA No. 206 of 2025 Indian Agro And Food Industries Limited, Registered Office At Village- Indamara, Post- Pendri, Tehsil And District Rajnandgaon (C.G.) Pin 491441, Through- It's Field Manager- Sheikh Nawabuddin, Son Of SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 Sheikh Babuddin, Age About 34 Years, Resident Of Mamta Nagar, Gali No. 7, Ward No. 19, Tehsil And District Rajnandgaon (C.G.) Pin 491441 ---Appellant Versus Mohammad Nadeem S/o Anish Ahmad, Aged About 23 Years, Resident Of- Quereshi Nagar, New Town Badnera, Amdapur, Amravati, City Tehsil And District- Amravti (Maharashtra) Pin- 444701 --- Respondent(s) (Cause Title Downloaded from CIS Periphery) For Appellant : Mr. Abhijheet Mishra, Advocate : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 02/09/2025 1. Heard. 2. Acquittal Appeal No.396 of 2023 has been preferred against the judgment of acquittal dated 2.5.2023 passed by the Judicial Magistrate First Class, Rajnandgan (CG) in Criminal Case No.2378/2016, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. Acquittal Appeal No.206 of 2025 has been preferred against the judgment of acquittal dated 2.5.2023 passed by the Judicial 3 Magistrate First Class, Rajnandgan (CG) in Criminal Case No.456/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 4. 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. 5. In view of the aforesaid submission and considering the law declared in 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 the date of passing of 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 6. Registry shall return the certified copy of the impugned judgment(s) and relevant documents to counsel for the appellant after retaining a photocopy of the same. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Shyna