1 2025:CGHC:50204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 593 of 2024 Gopal Pradhan S/o Nilambar Pradhan Aged About 56 Years R/o Village Saldih, P.S. Sankra, Tahsil Pithora, District Mahasamund (C.G.) (Complainant) ... Appellant versus Kiroti Swain S/o Lekru Swain R/o Village Kundapali, P.S. Saraipali, Tahsil Saraipali District Mahasamund (C.G.) ... Respondent For Appellant : Mr. Ramakant Pandey, Advocate For Respondent : Mr. Peyush Patnaik, Advocate appears on behalf of Mr. Sanjay Agrawal, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 08/10/2025 1. This acquittal appeal U/s 378(4) of the Criminal Procedure Code, 1973 has been filed against the judgment dated 13.07.2023 passed by the learned Judicial Magistrate First Class, Basna, District Mahasamund (C.G.) in Criminal Complaint Case No. 256/2016 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act. 2. At the outset, learned counsel for the appellant submits that 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 BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.10.09 17:26:25 +0530 2 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 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 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 judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Bhumika