1 2025:CGHC:41517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 464 of 2019 1 - Rajkumar Dubey S/o Late Shri Jamuna Prasad Dubey Aged About 50 Years R/o Brahmanpara, Raipur, District- Raipur, Chhattisgarh ...Appellant versus 1 - Smt. Basant Maltee W/o Shri Sanjay Kumar Nayak R/o Near Zone Commissioner, Pritam Mishra’s House, Behind Sheetla Mandir, Danganiya, District- Raipur, Chhattisgarh ... Respondent For Appellant : None For Respondent : Mr. B.L. Sahu and Mr. Rekhraj Baghel, Advocates Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 18/08/2025 1. There is no representation on behalf of the appellant even when the matter was called twice. 2. The appellant has filed this Acquittal Appeal against the judgment dated 21.02.2019 passed by the Judicial Magistrate First Class, Raipur in PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.08.19 10:15:55 +0530 2 Complaint Case No.1590/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. Learned counsel for the respondents 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 Appeal may be disposed of reserving liberty in favour of the appellant so as to avail the said remedy. 4. Considering the aforesaid submission and also 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 sent copy of this order to the appellant/complainant with information that he shall avail the remedy of Appeal as aforesaid, if so desire. 3 6. Registry shall return the certified copy of the judgment and relevant documents to the appellant, if required. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka