1 2025:CGHC:45839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 64 of 2020 1 - Harishchandra Tandon S/o. Amoldas Tandon Aged About 46 Years R/o. Post And Chowky- Chilfy, Tahsil- Lormi, District- Bilaspur, Chhattisgarh. Police Station- Civil Lines, Mungeli, Chhattisgarh. (complainant) ---Appellant. versus 1 - Salim Khan S/o. Mashal Khan, R/o. House Of Sakir Alam, Rukmani Vihar, Kumharpara Road, Jarhabhatha, District Bilaspur, Chhattisgarh. (accused). --- Respondent(s) ACQA No. 511 of 2024 1 - Rupesh Jogi S/o. Bhaiyalal Jogi Aged About 35 Years R/o. Manjhwapara, Jarhabhatha, Ps.- Civil Lines, Bilaspur Chhattisgarh. (complainant). ---Appellant. Versus 1 - Salim Khan S/o. Mashal Khan R/o. House Of Sakir Alam, Rukmani Vihar, Kumharpara Road, Jarhabhatha, District- Bilaspur Chhattisgarh (accused). --- Respondent(s). For Appellants : Shri Harsh Namdeo appears on behalf of Shri N Naha Roy, Advocates. For Respondent : None. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.09.09 17:07:43 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 09/09/2025 1. Acquittal Appeal No.64 of 2020 has been filed against the judgment dated 29.07.2019 passed by the Judicial Magistrate First Class, Bilaspur C.G in Complaint Case No.664/17 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. Acquittal Appeal No.511 of 2024 has been filed against the judgment dated 29.07.2019 passed by the Judicial Magistrate First Class, Bilaspur C.G in Complaint Case No.665/17 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. At the outset, learned counsel for the appellants 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), the Appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 45 days from this order before the appropriate Court, in 3 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 return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellants after retaining the photocopy of the same. 6. Registry shall send back the records to the concerned Court. 7. Accordingly, the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash/Priyanka