1 2025:CGHC:44674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 761 of 2019 1 - Rahul Nagori S/o Omprakash Nagori Aged About 32 Years R/o Parmanand Nagar, Police Station Amanaka, Tehsil And District Raipur Chhattisgarh. (Complainant) ... Appellant versus 1 - Abhishek Mahakalkar S/o R. H. Mahakalkar Aged About 35 Years Proprietor - Shakuntala Enterprizes, Address - Mahoba Bazar, Tatibandh, Police Station Amanaka, District Raipur Chhattisgarh. (accused) ... Respondent(s) For Appellant : Shri Ashish Thawait appears on behalf of Shri B. Gopa Kumar, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 02/09/2025 1. This acquittal appeal has been filed against the judgment dated 04.05.2019 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.200/2017 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.09.02 17:04:28 +0530 2 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 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. 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. 6. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash