1 2025:CGHC:45539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 314 of 2019 Pushpa Chandrakar D/o Shri Ishwarilal Chandrakar, Aged About 34 Years R/o LIG- 61/6, Nehru Nagar (East), Bhilai, Tahsil And District- Durg, Chhattisgarh ... Petitioner(s) versus Pushplata Jha S/o Shri Balmukund Jha, Aged About 27 Years, R/o H.N. 318, Durga Mandir Chowk, Bhairav Basti, Camp-2, Nearby Smart Saloon, Sharda Para, Dawani, P.S. Chhawani, Bhilai, Tahsil And Disrtict- Durg, Chhattisgarh, At Present Office- Staff, Sparsh Multi Specialty Hospital, Supela, Bhilai, PS Supela, Bhilai, District : Durg, Chhattisgarh ... Respondent(s) For Appellant : Mr. Pushkar Sinha, Advocate : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 8/9/2025 1. Heard. 2. This Acquittal Appeal has been preferred against the judgment of acquittal dated 25.2.2019 passed by the Judicial Magistrate First Class, Durg, District Durg (CG) in Complaint Case SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 No.1819/2014, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. 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 Appeal may be disposed of reserving liberty so as to avail the said remedy. 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 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. 3 5. Registry shall return the certified copy of the impugned judgment and the relevant documents to counsel for the appellant after retaining a photocopy of the same. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Shyna