1 2025:CGHC:44318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 12 of 2019 1 - Late K.B.Cherian S/o K G Cherian Aged About 74 Years Proprietor, A J Infotech, Through - Power Of Attorney Holder K B Rajesh, Aged 49 Years, R/o Street - 3/283, Smriti Nagar, Junwani, Bhilai, Police Station - Supela, District - Durg, Chhattisgarh, Substituted By His Legal Representative - K B Rajesh S/o Late K B Cherian Aged 49 Years , R/o - Street - 3/283, Smriti Nagar, Junwani, Bhilai, Police Station - Supela, District - Durg, Chhattisgarh. (complainant). --- Appellant. versus 1 - Avinash Kaling S/o not known to petitioner Aged 39, Authorised Signatory- Velocity Netlinx, R/o Mig-1-994, Amdi Nagar, Hudco, Bhilai, District- Durg, Chhattisgarh. Office- B/ 497, Street-25, Next To Sunshine School, Junwani Road, Smriti Nagar, Bhilai, Police Station- Supela, District- Durg, Chhattisgarh. (accused). --- Respondent(s) ACQA No. 7 of 2019 1 - Late K.B. Cherian S/o K G Cherian Aged About 74 Years Proprietor ,A J Infotech ,through Power Of Attorney Holder K B Rajesh Aged 49 Year R/o Street 3/ 283 ,smriti Nagar Junwani Bhilai ,police Station Supela ,district Durg Chhattisgarh. Substituted By His Legal Representative - K B Rajesh -Aged 49 Year R/o Street -3/283 Smriti Nagar Junwani Bhilai Police Station Supela District Durg Chhattisgarh. (complainant). ---Appellant. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.09.02 09:59:37 +0530 2 Versus 1 - Avinash Kaling S/o Not Known to petitioner Aged About 39 Years Authorised Signatory -Velocity Netlinx R/o Mig -1 -994 Amdi Nagar Hudco ,bhilai District Durg Chhattisgarh Office -B/497 Street -25 Next To Sunshine School Junwani Road Smriti Nagar ,bhilai Police Station Supela District Durg Chhattisgarh. (accused). --- Respondent(s) For Appellants : Shri Jaydeep Singh Yadav, Advocate. For Respondents : Shri Sudeep Johri, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 01/09/2025 1. Acquittal Appeal No.12/2019 has been filed against the judgment dated 07.08.2018 passed by the Judicial Magistrate First Class, Durg, C.G. in Criminal Complaint Case No.564/11 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. Acquittal Appeal No.07/2019 has been filed against the judgment dated 07.08.2018 passed by the Judicial Magistrate First Class, Durg, C.G. in Criminal Complaint Case No.563/11 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 3 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. Counsel for the respondent would not oppose the aforesaid prayer. 5. 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 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. 6. 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. 7. Registry shall send back the records to the concerned Court. 8. Accordingly, the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash