1 2025:CGHC:24941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P No.1757 of 2025 Hanuman Prasad Joshi S/o Shri Vidyadhar Joshi Aged About 43 Years R/o Near Hanuman Super Bazar, Main Road, Deepka, P.S. - Deepka, Tah. - Katghora, Dist. - Korba (C.G.), (Complainant) ... Petitioner versus Pitambar Singh Kanwar S/o Amar Singh Kanwar Aged About 24 Years R/o Vill. - Ratija, Mohalla Darrabhatha, Post - Nonbirra, P.S. - Dipka, Dist. - Korba (C.G.), (Accused) ... Respondent For Petitioner : Shri HV Sharma, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 17.06.2025 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 21.03.2025 passed by the Judicial Magistrate First Class, Katghora, District Korba in Complaint Case No.1476/2022 whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.18 11:21:25 +0530 2 2. At the outset, Shri Sharma 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 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. Sd/- (Deepak Kumar Tiwari) JUDGE Priya