1 2025:CGHC:43246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 47 of 2020 Kishan Pritwani S/o Shri Ayal Das Pritwani Aged About 55 Years R/o Commercial Space Pandri , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant. versus 1 - R.S. Impex Partnership Firm, Shop No. 03, 1st Floor , Jaibhole Complex , Behind Mata Garage, Pandri , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Rajendra Makhija (Died) S/o Safarmal Makhija Partner - R.S Impex , R/o House No. 42/139, Near Nirankari Bhawan, Idgabhata, Lakhenagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Mukesh Badwani S/o Late Devanand Badwani Partner R.S. Impex , R/o Surya Bhawan ,street No. 02, Near Shiv Mandir , Fafadih , Raipur , District Raipur Chhattisgarh... (Accused), District : Raipur, Chhattisgarh ... Respondents. For Appellant : Mr. Mayank Kumar, Adv on behalf of Mr. Rashul Bhawnani, Advocate. For Respondents : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 26.08.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 16.08.2019 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.2555/2015, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.08.26 16:57:05 +0530 2 2. At the outset, learned counsel for the appellant submits recently in the case of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 decided on 08.04.2025 rendered by the Hon’ble Supreme Court 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. He submits that at this stage this appeal may be disposed of reserving the liberty in favour of the appellant so as to avail the said remedy. 3. In view of the above 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 45 days from the date of 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 jurisdictional Sessions 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 order/judgment and relevant documents to counsel for the appellant. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay