1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1100 of 2024 Shiv Kumar Banshal S/o K. C. Banshal, Aged About 47 Years Proprietor Of Shriram Marble And Tiles, In-Front Of Holicross School, Manendragarh Road, Ambikapur, District-Surguja (C.G.) ... Appellant versus Birendra Pandey S/o Bageshwari Pandey, Aged About 67 Years Proprietor Of Shri Vaishnavi Construction, New Bhatti Road, Cruise Complex Street Ambikapur, Police Station And Tahsil -Ambikapur, District-Surguja (C.G.) ... Respondent For Appellant : Mr. Sanjay Pathak, Advocate For Respondent : No one appeared even when the matter was taken up for the second round. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/11/2025 1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the order dated 27.07.2024 passed by learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) by which the Complaint Case (NIA) No.1971/2017 was dismissed due to non-prosecution which amounts to the acquittal of the Respondent/accused from the charge of committing the offence under Section 138 of N.I. Act. 2. At the outset, learned counsel for the appellant submits that BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.12 10:45:00 +0530 2 recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to Section 372 of Cr.P.C. corresponding to Section 413 of the BNSS. 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 60 days from this order before the appropriate Court, in accordance with law. It is 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 matter 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 photocopy of the same. 5. The record be sent back forthwith to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai