1 2025:CGHC:42956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 397 of 2019 1 - Sitesh Soni S/o Chhotelal Soni Aged About 55 Years R/o Ward No. 18, Gandhi Chowk, Mahasamund, Tahsil And Police Station- Mahasamund, District Mahasamund, Chhattisgarh. ... Appellant versus 1 - Kallu Soni S/o Chunnilal Soni Aged About 44 Years R/o Ward No. 14, Ambedkar Chowk, Mahasamund, Police Station And Tahsil- Mahasamund, District- Mahasamund, Chhattisgarh. ... Respondent(s) For Appellant : Shri Gurudev I. Sharan, Advocate. For Respondent(s) : None. Hon'ble Shri Deepak Kumar Tiwari, J Judgment on Board 25/08/2025: 1. This Acquittal Appeal has been filed against the judgment/order dated 18.02.2019 passed by the Judicial Magistrate First Class, Mahasamund in Complaint Case No.690/2016 whereby the complaint case was dismissed and the 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 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.08.25 18:16:39 +0530 2 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 view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Appeal is 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 made clear that on such appeal being 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Deepak Kumar Tiwari) Judge Barve