1 2025:CGHC:31273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2115 of 2025 1 - Khubi Ram Tamboli S/o Late Badri Narayan Tamboli Aged About 42 Years R/o Ward No.8 Simga Taluka Simga District Bazar Baloda Bhatapara (C.G.) ... Petitioner versus 1 - Suryakant Singh Aged About 34 Years S/o Chandrashekhar Prakash Singh Director S.S.V. Inoeshan Pre. Lim. D.M. Tower Shoap No. 48 Second Flore C-1 Block Bilaspur Reoad Ravabhatha Raipur Taluka Raipur District Raipur (C.G.) ... Respondent For Petitioner : Mr. Purnendra Khichariya, Advocate appears on behalf of Mr. Virendra Verma, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/07/2025 1. Heard on I.A. No.01/2025, an application for condonation of delay. 2. There is delay of 590 days. 3. Upon due consideration and for the reason assigned in the application, PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.09 12:23:48 +0530 2 the same is allowed subject to payment of cost of Rs.1,000/- by the petitioner before the concerned DLSA within a period of 15 days. 4. The petitioner has filed this Petition under Section 419(4) of the BNSS, 2023 against the judgment dated 28.07.2023 passed by the Judicial Magistrate First Class, Simga in Criminal Complaint Case No.3/2020, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 5. At the outset, learned counsel for the petitioner 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. He submits that the case may be disposed of reserving liberty so as to avail the said remedy. 6. 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, subject to payment of cost within the time limit as aforesaid, in favour of the petitioner 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 3 the same in accordance with law. 7. Registry shall return the certified copy of the judgment and relevant documents to counsel for the petitioner after retaining its photocopy. 8. Registry shall send back the record to the concerned Court. 9. Accordingly, the CRMP is disposed of. 10.Consequently, all the pending application(s), if any, also stand disposed of. Sd/- (Deepak Kumar Tiwari) Priyanka Judge