1 2025:CGHC:30637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2084 of 2025 Rupesh Kumar Sahu S/o Late Vishnu Kumar Sahu Aged About 28 Years R/o Village- Utain, Police Station- Utai, Tahsil And Distt. Durg (C.G.) ... Petitioner. versus Loknath Banjare S/o Dhaniram Banjare Aged About 45 Years R/o Abadipara, Behind Satnam Bhawan, Ward No. 17, Umarkoti, Durg, Tahsil And District- Durg (C.G.) ... Respondent. For Petitioner : Mr. G. P. Mathur, Advocate. For Respondent : - SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 04.07.2025 1. The appellant has filed this Petition under Section 419(4) of the BNSS, 2023 for grant of special leave to Appeal against the order/judgment of acquittal dated 16.04.2025 passed by the Judicial Magistrate First Class, Durg in RCC No.12798/2023, 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 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 2 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 petition stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 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. 4. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 5. Accordingly, the CRMP is disposed of. 6. Pending application(s) if any also stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay/Avinash