1 2025:CGHC:58699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 638 of 2024 Nirmal Chand Kothari S/o. Umedchand Kothari Aged About 51 Years R/o. P. Santosh Kumar And Brothers Petrol Pump, In Front Of New Bus Stand, Post, Tehsil - Police Station And District - Balod (C.G.) … Appellant versus Bhagwan Das Sahu S/o. Manohar Sahu R/o. Village - Bodela, Post - Tumdibod, Rajnandgaon, District - Rajnandgaon (C.G.) ... Respondent For the appellant : Ms. Sakshi Singh Thakur, Advocate on behalf of Mr. Shaleen Singh Baghel, Advocate. For the Respondent : …….. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 03/12/2025 1. The complainant/petitioner has filed this appeal under Section 378(4) of the Code of Criminal Procedure seeking a direction to set aside the impugned order 29.09.2021 passed by the Judicial Magistrate First Class, Balod whereby the Complaint Case No. 757/2019 was dismissed for non-prosecution and the accused was acquitted of the charge under section 138 of the NI Act. 2. At the outset, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. 2 Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held 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”) and thus the said complainant can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the instant case may be disposed of reserving liberty so as to avail the said remedy of appeal. 3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of reserving liberty in favour of the appellant to file an appeal within a period of 60 days from today before the appropriate Court. It is made clear that if such an appeal is filed before the concerned Court within the stipulated time, the Court hearing the appeal shall 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 also send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao