1 2025:CGHC:24940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P No.1759 of 2025 Pradeep Samal S/o Ramchand Samal Aged About 50 Years R/o Old Quarter No.- B/66, New Quarter No.- B.C 56, Lafarge Cement Colony, Rasedhi, PS- City Kotwali, Balodabazar, District- Balodabazar- Bhatapara (C.G.) ... Petitioner versus Antaryami Badhu S/o Vaishnav Charan Badhu Aged About 56 Years Chairman And Managing Director, City Kant Engineers Limited, Plot No.- 540, Shahid Nagar, Post- Shahid Nagar, PS- Shahid Nagar, Tehsil- Bhuvneshwar, District- Khurda, Odisha. ... Respondent For Petitioner : Shri Rajendra Kumar, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 17.06.2025 1. Heard IA No.01/2025, an application for condonation of delay in filing the Petition. Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.18 11:21:25 +0530 2 2. On due consideration of the reasons assigned therein, the same is allowed and delay in filing the Petition is hereby condoned subject to payment of cost of Rs.5,000/- which shall be deposited before the concerned District Legal Services Authority within a period of 21 days of passing of this order. 3. 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 16.02.2018 passed by the Judicial Magistrate First Class, Balodabazar, District Balodabazar in Criminal Case No.319/2016 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 this Petition may be disposed of reserving the liberty so as to avail the said remedy. 5. 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 3 Appeal before the appropriate Court within a period of 30 days from the date of passing of this order in accordance with law. 6. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court after depositing the receipt of the cost, the said Court would not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law. 7. 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