1 2025:CGHC:26409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 234 of 2025 Shri Ganesh Tractors Through The Proprietor Niranjan Kumar Rathor S/o Shri Premlal, Aged About 45 Years, R/o Deepti Builders Colony, Janjgir, Tahsil And Police Station Janjgir, District - Janjgir - Champa (C.G.) (Complainant) ... Appellant(s) versus Mahesh Ram Kumbhkar S/o Maniram Kumbhkar, Aged About 46 Years, R/o Ita Bhattha Shivrinarayan, Police Station & Tahsil Shivrinarayan, District - Janjgir - Champa (C.G.) (Accused) ... Respondent(s) For Appellant : Mr. Amit Singh Chouhan, Advocate For Respondent None Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 20/06/2025 SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 1. Heard. 2. This Acquittal Appeal has been preferred against the judgment of acquittal dated 7.2.2025 passed by the Judicial Magistrate First Class, Janjgir, District Janjgir-Champa (CG) in Complaint Case No.45/2023, 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 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 3 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 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 Shyna / Ajay