1 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 399 of 2024 Sriram Transport Finance Company Limited A Company Registered Under The Companies Act, having its Office at Commercial Building, 2nd Floor, Devendra Nagar, District Raipur, Chhattisgarh ... Appellant versus Bindul Kumar Shah R/o House No. 280, Village Gondwara, Bajrang Dhaba, Ring Road No. 2, Near Reliance Petrol Pump, Khamtarai, Raipur, District Raipur, Chhattisgarh ... Respondent For the appellant : Mr. Khilendra Sahu, Advocate, on behalf of Mr. Vivek Kumar Shrivastava, Advocate For the respondent : ... Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17.09.2025 1. This acquittal appeal u/s 378(4) of CrPC read with Section 419(4) of BNSS 2023 has been filed against the judgment dated 30.07.2022 passed by the learned Judicial Magistrate First Class, Raipur (C.G.) in Complaint Case No. 507 of 2014 whereby, respondent/ accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya 2 Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) and thus the said complainant can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the instant case may be disposed of reserving liberty so as to avail the said remedy of appeal. 3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of with liberty to the appellant to file an appeal within a period of 60 days from the date of receipt of a copy 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge R a o