1 2025:CGHC:23501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 844 of 2024 Ashok Airen S/o Shri Chedilal Agrawal Aged About 49 Years Occupation - Proprietor Laxmi Finance Company Kharsia, R/o - Kharsia, Tahsil And Police Station Kharsia And District - Raigarh (C.G.) ... Appellant. versus T. C. Rathore S/o Shri Raghuraj Singh Rathore Aged About 25 Years Occupation - Proprietor Vandana Auto Chhal R/o Village Post Ghaghra, Police Station Kharsia, And District Raigarh (C.G.) ... Respondent. For Appellant : Mr. Abhishek Saraf, Advocate. For Respondent : Mr. Sanjay Agrawal, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 12.06.2025 1. The present Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code against the judgment of acquittal dated 03.12.2021 passed by the Judicial Magistrate First Class, Kharsia, Raigarh in CIS No.07/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 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 Date: 2025.06.13 11:43:22 +0530 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 Appeal may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. In view of the aforesaid submission and 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 30 days from this order before the appropriate Court, in accordance with law. 5. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay