1 2025:CGHC:38624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 763 of 2019 1 - Dinesh Kumar Tiwari C/o Late Rajnath Tiwari Aged About 32 Years R/o Namnakala, Police Station Gandhinagar, Tahsil Ambikapur, District - Sarguja, Chhattisgarh. (complainant) ... Appellant. versus 1 - M/s Kamal Construction Through Its Proprietors, 1. Ajit Kumar Pandey, C/O Sadanand Pandey, Aged 32 Years. R/o Shivdhari Colony, Beside Shiv Mandir, Police Station And Tahsil Ambikapur, District Sarguja, Chhattisgarh. 2 - Kamal Kumar Pandey C/o Sadanand Pandey Aged About 32 Years R/o Shivdhari Colony, Beside Shiv Mandir, Police Station And Tahsil Ambikapur, District Sarguja, Chhattisgarh. ... Respondent(s)/Accused. For Appellant : Shri Ashutosh Biswas appears on behalf of Shri Satyendra Srivas, Advocates. For Respondent(s) : Shri Shubham Tiwari appears on behalf of Shri AN Pandey, Advocates. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 05/08/2025 1. This acquittal appeal has been filed against the judgment dated 16.08.2019 passed by Judicial Magistrate First Class, Ambikapur, distt. Surguja in Complaint Case No.328/2017 whereby, respondents/accused were 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 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. Learned counsel for the respondents 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 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. 5. 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. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash