1 2025:CGHC:44066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1032 of 2024 Viman Roy S/o Shashank Shekhar Roy Aged About 50 Years R/o Sheela Madhuban Road, Dayalband Bilaspur, Present Address- Surya Vihar, Seepat Road, Lingiyadih, Bilaspur, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh. ... Appellant versus Rajkumar Das S/o Shri Devkumar Das Aged About 51 Years R/o Matri- Niwas In Front Of Besherva Prartha Bhawan, Near Lal Khadan Railway Phatak, Police Station- Torwa, Vivekanand Ward, Tahsil And District- Bilaspur, Chhattisgarh. ... Respondent For Appellant : Mr. Bishnu Muni, Advocate For Respondent : Mr. Ajay Kumar Dwivedi, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 29.08.2025 1. This acquittal appeal U/s 419(4) of BNSS has been filed against the judgment dated 27.06.2024 passed by learned Judicial Magistrate SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.30 14:04:03 +0530 2 First Class, Bilaspur (C.G.) in Criminal Complaint Case No.368/2020 whereby, respondent/accused was 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. 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 60 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 the same in accordance with law. 4. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham