1 2025:CGHC:45277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 784 of 2019 Rajeev Mishra S/o Shri Shiv Badan Mishra Aged About 38 Years R/o Navjeevan, Society Pachmedi, Naka, District Raipur Chhattisgarh, District Raipur, Chhattisgarh.... (Complainant), District : Raipur, Chhattisgarh ... Appellant. versus Abhishek Mahakalkar S/o Shri Raj Kumar Mahakalkar R/o Behind Shiv Mandir, Mohba Bazaar, District Raipur Chhattisgarh....(Accused), District : Raipur, Chhattisgarh ... Respondent. For Appellant : Ms. Seema Verma, Adv on behalf of Mr. Devershi Thakur, Advocate. For Respondent : Dr. Shiv Kumar Shrivastava, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 04.09.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 18.06.2019 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.4019/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 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 Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.04 17:42:30 +0530 2 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. Learned counsel for the respondent would not oppose the aforesaid submission. 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 the date of 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 order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay.