1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2496 of 2024 Vinod Kundu S/o B.K. Kundu Aged About 42 Years Chhattisgarh Enterprises, Near Radha Krishna Mandir, Gudhiyari, Station Chowk, Police Station Ganj, Raipur, Chhattisgarh. ... Petitioner versus - Barun Kumar Banerjee S/o Sushil Kumar Banerjee Aged About 65 Years (B.K.Banerjee), Proprietor- New Sagar Biryani, Near Barkha Hotel, Azad Market, Station Road, Police Station Ganj, Raipur, And Beside Pt. Ramsakha University, Sector 3, Gudhiyari, Police Station Gudhiyari, Raipur, Chhattisgarh. ... Respondent For the petitioner : Mrs. Vidhi Agrawal, Advocate, appears on behalf of Mr. Pranjal Agrawal, Advocate. For the respondent : …….. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14.11.2025 1. The petitioner/complainant has filed this petition under Section 419(4) of BNSS, 2023 seeking grant of leave to appeal. The prayer made in the acquittal appeal filed along-with the petition shows that he seeks a direction to set aside the impugned judgment dated 24.07.2024 passed by the Judicial Magistrate First Class, Raipur (C.G) in Complaint Case No. 383/2019 by which the respondent /accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.11.14 18:14:41 +0530 2 2. Learned counsel for the petitioner submits that since the complaint filed u/s section 138 of NI Act before the trial Court stood dismissed, the petition filed u/s 419(4) of BNSS can be disposed of in terms of acquittal appeal and it is no longer necessary to seek special leave to appeal, because the complainant is considered victim and has statutory right to appeal under the proviso to Section 413 BNSS (Section 372 CrPC). 3. Having considered the submission made by learned counsel, this Court is inclined to dispose of this petition in terms of acquittal appeal. 4. At the outset, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held 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”) and thus the said complaint can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the instant case may be disposed of reserving liberty to the petitioner/appellant to avail the remedy of appeal. 5. Having considered the submission of learned counsel and in view of the law laid down in case of Celestium Financial (supra), this Cr.M.P/Acquittal Appeal is disposed of with liberty to the appellant to file appeal before the appropriate Court within a period of 60 days. It is made clear that if such an appeal is filed before the concerned Court within the stipulated time, the said Court shall not insist upon the issue of limitation while deciding the matter and shall decide the same in accordance with law. 6. Registry shall return the certified copy of the impugned judgment/ order and relevant documents to counsel for the appellant after retaining the photocopies of the same. Sd/- (Sanjay Kumar Jaiswal) Judge Rao