1 2025:CGHC:27458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1083 of 2024 1 - Tuteja Computers, Shop No. 150, Through The Proprietor, Mandeep Singh Tuteja, S/o Parmjeet Tuteja, Aged About 39 Years, R/o Shop No. 150, 1st Floor, Lal Ganga Shopping Mall, G.E. Road, Raipur, Tahsil And District-Raipur (C.G.) ... Appellant versus 1 - Messrs. Mridu Power Salutation 160, Through The Proprietor Shobhit Kaushik S/o Late Sushil Chandra Kaushik, Aged About 28 Years, R/o Shop No. 150, 1st Floor, Lal Ganga Shopping Mall, G.E. Road Raipur, Tahsil And District-Raipur (C.G.) 2 - Shobhit Kaushik S/o Late Sushil Chandra Kaushik, Aged About 28 Years R/o Flat No. 104, Block No. 24, Ashoka Ratan, V.I.P. Estate, Shankar Nagar, Raipur, Tahsil And District- Raipur (C.G.) Presently R/o House No. A/66, Omni Crown-2, Gautham Budha Nagar, Greater Noida, Uttar-Pradesh 110025. Presently Work H.O.D. Guruhar Kishan Public School, Basant Vihar, New Delhi. 110057. 3 - Smt. Priyanka Singh W/o Tanmay Singh, Aged About 35 Years R/o Flat No. 703, B Wing, Girnnar Hight Bhakti Park, Vadala East Mumbai, (Partner In Messrs. Mridu Power Salutation) ... Respondents PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.25 14:17:33 +0530 2 For Appellant : Mr. T.K. Jha, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 24/06/2025 1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 26.02.2024 passed by the Judicial Magistrate First Class, Raipur in Case No.1210/2015, 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 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 the Appeal 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 45 days from this order before the appropriate Court, in 3 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 judgment and relevant documents to counsel for the appellant after retaining its photocopy. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, the Appeal is disposed of. 7. Consequently, all the pending application(s), if any, also stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka