1 2025:CGHC:27462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1942 of 2025 1 - Yogesh Warlyani S/o Shri Ramesh Warlyani Aged About 46 Years Address Warlyani And Company, First Floor Blue Spot Building Shastri Chowk Raipur District - Raipur (C.G.) (Complainant ) ... Petitioner versus 1 - Bharat Kumar Hothwani S/o Shri Amar Lal Hotwani Aged About 46 Years Proprietor Of Shiv Trading Company Address Manihaar Complex Ramsagar Para, Tahsil And District - Raipur Chhattisgarh (Accused) ... Respondent For Petitioner : Mr. Mayank Kumar, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 24/06/2025 1. Heard on I.A. No.01/2025, an application seeking condonation of delay in filing the instant acquittal appeal along with application for leave to Appeal. 2. Upon due consideration and for the reason assigned in the application, PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.25 13:27:42 +0530 2 the application is allowed and the delay is condoned. 3. The petitioner has filed this Petition under Section 419(4) of the BNSS, 2023 against the order dated 12.01.2024 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.2530/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 4. At the outset, learned counsel for the petitioner 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 case may be disposed of reserving liberty so as to avail the said remedy. 5. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this petition stands disposed of reserving liberty in favour of the petitioner 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. 3 6. Registry shall return the certified copy of the order and relevant documents to counsel for the petitioner after retaining its photocopy. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the CRMP is disposed of. 9. Consequently, all the pending application(s), if any, also stand disposed of. Sd/- (Deepak Kumar Tiwari) Priyanka Judge