1 2025:CGHC:40887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.785 of 2019 Deepak Kaushik S/o Shri Govind Prasad Kaushik Aged About 33 Years R/o Devnandan Nagar, Phase- 1, Chantidih, P.S.- Sarkanda, Tahsil And District- Bilaspur, Chhattisgarh. ... Appellant/Complainant versus Amrit Kumar Ekka, S/o Lallu Ekka, aged about years, Gali No. Qr. No. 39, Geetanjali Enclave, Ring Road No. 2, P.S.- Civil Line, Tahsil And District- Bilaspur, Chhattisgarh. ... Respondent/Accused For Appellant : Shri HP Agrawal, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 13.08.2025 1. This Appeal has been filed under Section 378(4) of Cr.P.C for grant of special leave to Appeal against the judgment of acquittal dated 06.09.2018 passed by the Judicial Magistrate First Class, Bilaspur, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.08.14 16:16:24 +0530 2 District Bilaspur in Complaint Case No.626/2015 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 earlier, an Acquittal Appeal has been filed before the concerned Court of Additional Sessions Judge, which has been dismissed vide judgment dated 27.07.2019 by holding that the Appeal is not maintainable before the said forum. However, 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. reported in 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 lastly submits that this Appeal may be disposed of reserving the liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Court is of the considered opinion that the learned trial Court has wrongly held that the Appeal is not maintainable before the said forum. 4. Accordingly, the Appeal is disposed of reserving the liberty in favour of the Appellant to file an Appeal before the jurisdictional Sessions Court within a period of 45 days from the date of passing of this judgment in accordance with law. 3 5. It is made clear that if such an Appeal is filed before the concerned jurisdictional Sessions Court within the time stipulated by this Court, the same would not insist upon the limitation while deciding the same and the said Court shall proceed to decide it in accordance with law. 6. Registry shall return the certified copy of the judgment along with all the annexures and relevant documents to Counsel for the Appellant after retaining attested copy of the same. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya