1 2025:CGHC:39000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 469 of 2019 Gopal Prasad Agrawal (H.U.F.) Through Its Karta 1. Gopal Prasad Agrawal S/o Niranjanlal Agrawal Aged About 47 Years R/o H.N. 21/35, Civil Line, Opposite- Telephone Exchange, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Smt. Shankuntala Devi Agrawal W/o Gopal Prasad Agrawal Aged About 45 Years R/o H.N. 21/35, Civil Line, Opposite- Telephone Exchange, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. Vijay Agrawal S/o Gopal Prasad Agrawal Aged About 23 Years R/o H.N. 21/35, Civil Line, Opposite- Telephone Exchange, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4. Ku. Smriti Agrawal D/o Gopal Prasad Agrawal, R/o H.N. 21/35, Civil Line, Opposite- Telephone Exchange, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Appellants. versus 1. M/s Prakash and Company, A Partnership Firm, Shri Shrimal House, Oppsite Sagar Nursing Home, Civil Line- Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Prakash Shri Shrimal S/o Late Nemi Chandji Shri Shrimal Aged About 66 Years Partner M/s Prakash And Company, A Partnership Firm, Shri Shrimal House, Oppsite Sagar Nursing Home, Civil Line, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents. For Appellants : Mr. D. K. Gwalre, Advocate. For Respondents : None. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.08.07 11:07:55 +0530 2 SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 06.08.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 31.01.2019 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.519/2005, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 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 case may be disposed of reserving liberty so as to avail the said remedy. 3. 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 the date of 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. 4. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 3 5. Registry shall send back the record to the concerned Court. 6. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay