1 2025:CGHC:47597 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 550 of 2024 Sudhir Singh Thakur S/o Late Shri Vibhuti Singh Thakur Aged About 48 Years R/o B-25, Century Colony, Raipur, P.S. - D.D. Nagar, Tehsil And District - Raipur (C.G.) (Complainant) … Appellant versus Nilesh Parekh S/o Shri Inderchand Parekh Aged About 54 Years R/o 33, Panchsheel Nagar, P.S. Civil Lines, Raipur, Tehsil And District - Raipur (C.G.)(Accused) ... Respondent For the Appellant : Mr. Ayush Lal, Advocate, on behalf of Mr. Surfaraj Khan, Advocate. For the Respondent : Mr. Arpan Verma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16.09.2025 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 10.01.2023 passed by the learned Judicial Magistrate First Class, Raipur (C.G.) in Complaint Case No. 1746 of 2016 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 2 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”) 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. In view of the aforesaid submission and considering the law laid down in case of Celestium Financial (supra), this Appeal stands disposed of reserving liberty in favour of 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 Rao