1 2025:CGHC:47174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 153 of 2020 1 - Ram Dewangan S/o Late Dashrath Lal Dewangan Aged About 34 Years R/o Durga Chowk, Shankar Nagar, Durg, District And Tehsil Durg Chhattisgarh...............Complainant --- Appellant versus 1 - Devendra Singh Rajput S/o Bodhan Singh Rajput Aged About 45 Years R/o Near The Office Of Patwari Village Purai, P.S. Utai, District Durg Chhattisgarh...............Accused --- Respondent ACQA No. 136 of 2021 1 - Ram Dewangan S/o Late Dashrath Lal Dewangan Aged About 34 Years R/o Durga Chowk, Shankar Nagar, Durg, District And Tehsil Durg, Chhattisgarh ---Appellant Versus 1 - Devendra Singh Rajput S/o Bodhan Singh Rajput Aged About 45 Years R/o Near The Office Of Patwari Village Purai, Police Station Utai, District Durg Chhattisgarh --- Respondent PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.09.15 16:34:12 +0530 2 For Appellants : Mr. Harshwardhan Singh Thakur appears on behalf of Mr. B.P. Singh, Advocate For Respondent : None Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 15/09/2025 1. These Acquittal Appeals have been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgments dated 15.11.2019 & 22.11.2019 passed by the Judicial Magistrate First Class, Durg, District Durg in Complaint Case Nos.1816/2016 & 2703/16, 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 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 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 Appeal 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 3 of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from 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. 4. Registry shall return the certified copy of the impugned judgments and relevant documents to counsel for the appellant after retaining its photocopy. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, both the Appeals are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka