1 2025:CGHC:28657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2807 of 2024 1 - Deepak Kumar Gidwani S/o Shri Kishanchand Gidwani Aged About 49 Years R/o Flat No. 404, Metro Heights, Infront Of Airtel Office, Telibandha, Raipur, District- Raipur, Chhattisgarh. ... Petitioner versus 1 - Mahavir Plywood Industries Through- Proprietor/ Authorized Signatory Satish Jain S/o Shri Jawahar Lal Jain, Aged About 60 Years, Address- Factory Plot No. 660/661, 680/681, Behind Urla Police Station, Urla Industries, Area, Urla, Raipur, District- Raipur, Chhattisgarh. 2 - Satish Jain S/o Shri Jawahar Lal Jain Aged About 60 Years Proprietor / Authorized Signatory Mahavir Plywood, Industries, R/o Ashok Ratan 6th Floor, Flat No. 601, 602, 603 VIP Colony, Shankar Nagar, Raipur, District- Raipur, Chhattisgarh. ... Respondents For Petitioner : Mr. Mayank Kumar, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.30 11:09:29 +0530 2 27/06/2025 1. The petitioner has filed this Petition under Section 419(4) of the BNSS, 2023 against the judgment dated 31.07.2024 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.1610/2019, whereby, the respondents/accused have been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, learned counsel for the petitioner 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 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 petition stands disposed of reserving liberty in favour of the petitioner to file an appeal within a period of 45 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. 3 4. Registry shall return the certified copy of the judgment and relevant documents to counsel for the petitioner after retaining its photocopy. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, the CRMP is disposed of. Sd/- (Deepak Kumar Tiwari) Priyanka Judge