1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 534 of 2024 1 - Somit Kumar Sahu S/o Bhop Singh Sahu Aged About 52 Years R/o Quarter Number 166/B/type1, M.A. Township, Dallirajhara, District Balod, Chhattisgarh --- Appellant versus 1 - Mangilal Rathi S/o Prayag Das Rathi Aged About 54 Years R/o Village Bharda, Post Tarri, Tahsil And Police Station Gurur, District Balod, Chhattisgarh --- Respondent ACQA No. 515 of 2024 1 - Somit Kumar Sahu S/o Bhop Singh Sahu, Aged About 52 Years R/o Quarter Number 166/b/type 1, M.A. Township, Dallirajhara, District Balod (C.G.) ---Appellant Versus 1 - Mangilal Rathi S/o Prayag Das Rathi, Aged About 54 Years R/o Village Bharda, Post Tarri, Gurur, District Balod (C.G.) --- Respondent For Appellants : Mr. Alok Tiwari, Adv. For Respondents : Ms. Sweksha Sharma, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board Digitally signed by HEERA LAL SAHU Date: 2025.09.02 18:05:49 +0530 2 02/09/2025 1. The acquittal appeal No. 534/2024 U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 26.07.2022 passed by the learned Judicial Magistrate First Class, Dallirajhara, District – Balod (C.G.) in Complaint Case No. 94/2019 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act. 2. The acquittal appeal No. 515/2024 U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 26.07.2022 passed by the learned Judicial Magistrate First Class, Dallirajhara, District – Balod (C.G.) in Complaint Case No. 57/2019 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act. 3. At the outset, learned counsel for the appellants submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding 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 Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the cases 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), 3 these Appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 60 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 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. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu