1 2025:CGHC:27635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 226 of 2024 1 - Canwas Agro India Pvt. Ltd. Branch Office Shop No. 610, 6th Floor, Atlantice The Corporate Park, Near Airtel Hotel, Behind Lalbag, Telibandha, Ring Road, Raipur Pass, Raipur, Corporated Office- Lakholi Naka Chauk, Rajnandgaon, Pro Acro Distributer And Directors- 1- Nehru Sonkar S/o Parasram Sonkar, Aged About 35 Years, 2, Shri Niwas Nishad S/o Shri Jogaram Nishad Aged About 32 Years, All Are R/o Lakholi Naka Chauk, Rajnandgaon (C.G.).Through- Power Of Attorney Holder Maneesh Kumar Devangan S/o Shri Tamaskar Devangan,aged About 28 Years, R/o Q. No. 94, Bhedikala, Distt- Rajnandgaon (C.G.), (Power Of Attorney Holder Substituted By Court Order). ... Appellant versus 1 - Sanjay Kumar Markam S/o Aslal Markam Pro. Swami Krishi Kendra Jamgaon, R/o Near Bazar Chauk, Jamgaon, Po. Narharpur, District- Kanker (C.G.). ... Respondent(s) For Appellant : Shri Samir Singh, Advocate. For Respondent(s) : None, though served. Hon'ble Shri Deepak Kumar Tiwari, J Judgment on Board KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.06.25 17:42:57 +0530 2 25/06/2025 : 1. This acquittal appeal has been filed against the order dated 27.1.2024 passed by Judicial Magistrate First Class, Rajnandgaon in Criminal Complaint Case No.969/2018 whereby the said complaint case was dismissed and respondent/accused was 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. In spite of service, none appears for the respondent. 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 on such appeal being filed before the concerned Court within the aforesaid period, 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/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 6. Registry shall send back the record to the concerned Court. Sd/- (Deepak Kumar Tiwari) Judge Barve