1 2025:CGHC:28218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.1018 of 2024 Bhagwat Prasad Deshmukh S/o Late Purnanand Deshmukh, Aged About 59 Years R/o Ward No. 5, Gayanagar Durg, Tahsil And District- Durg (C.G.)(Complainant) ... Appellant versus Kamesh Janghel S/o Dhansingh Janghel, R/o Village-Dunda, Post- Mandala, Tahsil- Khairagarh, District-Rajnandgaon (C.G.)(Accused) ... Respondent For Appellant : Shri Praveen Dhurandhar, Advocate. For Respondent : Ms. Varsha Ghosh, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 26.06.2025 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 acquittal dated 24.06.2024 passed by the Judicial Magistrate First Class, Durg, District Durg in Criminal Case No.6431/2017 whereby, the Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.27 15:48:04 +0530 2 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 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. Learned Counsel for the Respondent does not oppose the above submission. 4. 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 45 days from the date of passing of this judgment in accordance with law. 5. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the said Court would not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law. 3 6. 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