1 2025:CGHC:23489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 26 of 2024 1 - Smt. Chandan Sonchhatra W/o Girish Kumar Sonchhatra Aged About 59 Years Resident Of Sai Villa, Lake View, Baldeobagh, Tehsil And District Rajnandgaon (C.G.) Pin 491441 (Complainant) ---Appellant Versus 1 - Shri Sunny Jain S/o Late Ashok Jain Aged About 35 Years Address - (1) Hira Moti Lines, Tehsil And District Rajnandgaon (C.G.) Pin 491441, Address - (2) Proprietor Sunny Borewell, Old Bus Stand Road In Front Of Police Lines, Tehsil And District Rajnandgaon (C.G.) Pin 491441 (Accused) --- Respondent For Appellant : Mr. Pradeep Shrivastava, Advocate For Respondent : Mr. S.P. Sahu, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 12/06/2025 PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.13 14:56:46 +0530 2 1. The present Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code against the judgment of acquittal dated 06.11.2023 passed by the Judicial Magistrate First Class, Rajnandgaon in Regular Criminal Case No.1514/2019, 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 against the impugned judgment of acquittal, the appellant has directly filed an acquittal appeal. He 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 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 petitioner after retaining its photocopy. 3 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka