1 2025:CGHC:23800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P No.1613 of 2025 Dinesh Baderiya S/o Late Jagdishchandra Baderiya Aged About 64 Years Occupation Business, R/o Bajarpara, Baikunthpur, District Koriya (C.G.) ... Petitioner/Appellant/Complainant versus Dronacharya Dubey Marketing In-Charge, Dainik Bhaskar, Koriya, Near BSNL Office, Haldibadi, Chirmiri, District Koriya (C.G.) ... Respondent/accused For Petitioner : Ms. Surbhi Yadav, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 13.06.2025 1. This Petition has been filed under Section 419(4) of the BNSS, 2023 for grant of special leave to Appeal against the judgment of acquittal dated 16.12.2024 passed by the Chief Judicial Magistrate, Baikunthpur, District Koriya in Complaint Case No.43/2018 whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, Ms. Yadav submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.17 11:12:07 +0530 2 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. She submits that this Petition may be disposed of reserving the liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Petition stands disposed of reserving the liberty in favour of the Petitioner to file an Appeal before the appropriate Court within a period of 30 days from the date of passing of this order in accordance with law. 4. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the same would not insist upon the limitation while deciding the same and the said Court shall 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 Petitioner after retaining its photocopy. Record shall also be sent back to the concerned Court. 6. In view of above, all the pending applications also stand disposed of. Sd/- (Deepak Kumar Tiwari) JUDGE Priya