1 2025:CGHC:40177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 458 of 2019 1 - Padumlal Sahu (Dead) S/o Late Vishwanath Sahu Aged About 45 Years R/o Kohka, Kripa Nagar, Bhilai, Tahsil And District- Durg, Chhattisgarh. (complainant) ... Appellant. versus 1 - Rajan Pille S/o late Jagdish Pille Aged About 53 Years R/o Dekwa Kirana Stores, Kailash Nagar, Bhilai, Post- Jamul, Tahsil And District- Durg, Chhattisgarh. (accused) ... Respondent(s) For Appellant : Shri Shrawan Agrawal, Advocate. For Respondent(s) : Shri Jitendra Gupta, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 11/08/2025 1. This acquittal appeal has been 2led against the judgment dated 05.03.2019 passed by the Judicial Magistrate First Class, Durg C.G. in Complaint Case No.3202/2008 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, learned counsel for the appellant submits that sole appellant – Padumlal Sahu has died. He further 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 2le appeal under proviso to Section 372 Cr.P.C. was AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.08.12 12:28:08 +0530 2 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. Learned counsel further undertakes to inform the legal heir of the appellant/complainant about this judgment and regarding remedy of appeal forthwith. 3. Learned counsel for the respondent 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 legal heir, if any, of appellant/complainant to 2le an appeal, if so desires, within a period of 45 days from this order before the appropriate Court, in accordance with law. It is made clear that if such an appeal is 2led 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 certi2ed 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