1 2025:CGHC:61615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 461 of 2025 1 - Jayant Soni S/o Jugendra Soni Aged About 35 Years R/o Shiv Hanuman Mandir Gali, Tilaknagar, Bilaspur, Tehsil And District- Bilaspur (C.G.) (Complainant ) ... Appellant versus 1 - Anand Chaturvedi S/o B.K. Chaturvedi Aged About 38 Years R/o In Front Of Raipura Petrol Pump, House Of Dewangan, Mahadev Ghat Road Raipur (C.G.) (Accused) ... Respondent For Appellant : Mr. Achyut Tiwari, Advocate. For Respondent : Mr. Ankit Singh, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/12/2025 1. This acquittal appeal U/s 419(4) of the BNSS, 2023 has been filed against the order dated 26.09.2024 passed by the learned Judicial Magistrate First Class, Bilaspur (C.G.) in Criminal Case No. NEGO.INST.Act/1730/2021 whereby the complaint case has been dismissed under Section 256 of Cr.P.C. due to non-prosecution, which amounts to the acquittal of the respondent/accused 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 HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.12.17 16:40:27 +0530 2 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 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 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 H.L. Sahu