1 2025:CGHC:24981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 252 of 2025 1 - Bharat Construction Proprietor- Bharat Bhushan Gupta, 32 Yrs., S/o Shri Ashok Gupta, Avanti Vihar, At And P.S. Telibandha, Raipur (C.G.) ... Appellant/Complainant. versus 1 - Vinod Verma S/o Shri Kailash Chandra Verma R/o 496/2, Sector 2, Avanti Vihar, At And P.S. Telibandha, Raipur (C.G.) ... Respondent(s)/Accused. For Appellant : Shri Raja Sharma, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 17/06/2025 1. The present Acquittal Appeal has been preferred against the judgment of acquittal dated 27.02.2025 passed by the JMFC, Raipur in Criminal Complaint Case No.1668/2016, 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.18 14:35:45 +0530 2 804, 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 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 30 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. 4. Learned counsel for the appellant lastly submits that he has filed this appeal through e-filing mode, therefore, liberty may be given to use the certified copy which is kept in his office for filing the Appeal under Section 372 Cr.P.C. 5. Considering the above submission, liberty as prayed for is also granted. 6. Registry shall also send back the record to the concerned Court. 7. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash