1 2025:CGHC:24909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.874 of 2024 Kusmanda Tractors Authorized Dealar Of Mahindra Swaraj Tractors, District Balrampur Through Proprietor/partners- Kamlesh Singh Parmar S/o Shri Ramadhar Singh, Presently Aged 46 Years And Brishketu Singh S/o Shri Anand Singh, Aged About 38 Years, (Age Not Mentioned In The Cause Title Of Impugned Order) Both Are R/o Ward No.07, Nagar Panchayat Wadrafnagar, District Balrampur-Ramanujganj (C.G.) (In The Impugned Order District Balrampur Wrongly Mentioned) ... Appellant/Applicant versus Arjun Ram Shandilya S/o Bechen Ram Aged About 46 Years Occupation- Agriculturist, (Presently Sarpanch), R/o Village And Post Narsinhpur, Police Station And Tahsil- Rajpur, District Balrampur- Ramanujganj (C.G.) ... Respondent/accused For Appellant : Shri AN Bhakta, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 17.06.2025 1. This Appeal has been filed under Section 419(4) of the BNSS, 2023 for grant of special leave to Appeal against the judgment of Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.18 11:21:25 +0530 2 acquittal dated 20.06.2024 passed by the Judicial Magistrate First Class, Ambikapur, District Sarguja in Criminal (Complaint) Case No.196/2020 whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, Shri Bhakta 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 this Appeal may be disposed of reserving the liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving the liberty in favour of the Appellant to file an Appeal before the appropriate Court within a period of 30 days from the date of passing of this order in accordance with law. 4. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the same would not insist upon the limitation while deciding the same and the said Court shall proceed to decide the same in accordance with law. 3 5. Registry shall return the certified copy of the judgment and relevant documents to Counsel for the Appellant after retaining its photocopy. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya