1 2025:CGHC:38928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 204 of 2019 1 - Mohan Lal S/o Koduram Aged About 30 Years R/o Amapara, Balod, Police Station And Tahsil- Balod, District- Balod, Chhattisgarh --- Appellant versus 1 - Phool Singh Nandeshwar S/o Kaluram Aged About 50 Years R/o Village- Darbari Nawagaon, Post- Ja. Sankara, Police Station And Tahsil- Balod, District- Balod, Chhattisgarh --- Respondent ACQA No. 370 of 2019 1 - Kewal Das S/o Koduram Aged About 40 Years R/o Amapara Balod Police Station And Tahsil Balod District Balod Chhattisarh ---Appellant Versus 1 - Phool Singh Nandeshwar S/o Kaluram Aged About 50 Years R/o Village Darbari, Nawagaon Post Ja. Sankara Police Station And Tahsil Balod District Balod Chhattisgarh --- Respondent PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.08.08 10:30:33 +0530 2 For Appellants : Mr. Pravin Kumar Tulsyan, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 06/08/2025 1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgments dated 27.11.2018 passed by the Chief Judicial Magistrate, District Balod in Criminal Complaint Case No.465/2017 & Criminal Complaint Case No.464/2017, 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 appellants 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. 3. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), both the Appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 45 days from this order before the appropriate Court, 3 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. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellants after retaining its photocopy. 5. Registry shall send back the relevant documents/record to the concerned Court. 6. Accordingly, both the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka