1 2025:CGHC:43288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 18 of 2020 Baliram Verma S/o Late Ghasi Ram Verma Aged About 70 Years, R/o Village Bathena, Post Office Bathena, Police Station and Tahsil - Patan, District - Durg Chhattisgarh., District : Durg, Chhattisgarh ... Appellant. versus Govind Kurre @ Govind Prasad Kurre S/o Budh Ram Kurre Aged About 59 Years Caste - Satnami, R/o Ward No. 7, Near Of Buddhu Talab Patan, Post Office, Police Station And Tahsil Patan, District - Durg Chhattisgarh. ... Respondent. For Appellant : None. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 26.08.2025 1. On earlier dates of hearing i.e. 31.07.2025 and on 13.08.2025 no one appeared on behalf of the appellant. Today also when the matter is called no representation is made. 2. The appellant has filed this acquittal appeal against the judgment of acquittal dated 23.11.2019 passed by the Judicial Magistrate First Class, Patan, District Durg in Complaint Case No.654/2014, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 3. Recently in the case of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 decided on 08.04.2025 rendered by the Hon’ble Supreme Court right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.08.26 16:57:14 +0530 2 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. In such circumstances, this court deems it appropriate to dispose of this appeal reserving the liberty in favour of the appellant so as to avail the said remedy. 4. Hence, considering the law declared in the matter of Celestium Financial (supra), this appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from the date of 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 jurisdictional Sessions 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 sent a copy of this order to the appellant/complainant through speed post with information that he shall avail the remedy of appeal as aforesaid, if so desire. 6. Registry shall return the certified copy of the order/judgment and relevant documents to the appellant, if required. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay