1 2025:CGHC:27456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 261 of 2024 1 - Mo. Firoz S/o Najir Hussain Aged About 44 Years R/o Deshmukh Marbal, Sundar Nagar, Borsi, Durg, Tehsil And District Durg (C.G.) --- Appellant versus 1 - Mo. Najiruddin Shiekh (Najir Shiekh) S/o Late Samsuddin Shekh Aged About 52 Years R/o Near Aman STD, Maharashtra Mangalam, Berpara, Gali No. 2, Ksaridih, Durg, Tehsil And District-Durg (C.G.) Through Production Thekedar (Contractor)- Devi Sponge Iron, Siltara, Raipur (C.G.) Through R/o Smt. Samina Shiekh, (Kitchen Shop) Near Atta Chakki, Dubey Colony Mowa, Raipur (C.G.), (Present Address) (Particulars Of Parties As Mentioned In Impugned Judgement) --- Respondent ACQA No. 304 of 2024 1 - Mo. Firoz S/o Najir Hussain Aged About 44 Years R/o Deshmukh Marbal, Sundar Nagar, Borsi, Durg, Tehsil And Dist. Durg (C.G.) ---Appellant Versus 1 - Mo. Najiruddin Shiekh (Najir Shiekh) S/o Late Samsuddin Shekh Aged About 52 Years R/o Near Aman STD, Maharashtra Mangalam, Berpara, Gali No. 2, Ksaridih, Durg Tehsil And Dist. Durg (C.G.) Through Production Thekedar (Contractor) Devi Sponge Iron, Siltara, PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.25 13:05:54 +0530 2 Raipur (C.G.) Through R/o Smt. Samina Shiekh, (Kitchen Shop) Near Atta Chakki, Dubey Colony Mowa, Raipur (C.G.) (Present Address) (Particulars of parties as mentioned in impugned judgment) --- Respondent For Appellant : Mr. Akash Deep Sharma appears on behalf of Mr. Akash Kumar Kundu, Advocate For Respondent : Mr. P. Acharya, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 24/06/2025 1. These Acquittal Appeals have been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgments dated 27.02.2024 passed by the Judicial Magistrate First Class, Durg in Case No.4089/2013 & Case No.4088/2013 respectively, 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 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 3 Appeals may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. 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 45 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. 5. Registry shall return the certified copy of the judgments and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the records to the concerned Court. 7. Accordingly, both the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka