1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 36 of 2014 Atul Shukla, aged 40 years, S/io Shri Sudama Prasad Shukla, R/o Green Park Colony, Jarhabhata, P.S. Civil Line, Bilaspur (C.G.) ... Appellant/Complainant versus Shri Krishna Kumar Agrawal, S/o shri Pawan Kumar Agrawal, Businessman, R/o R.S.B. Compoound, Behind State Bank of India, New Sarkanda, P.S. Sarkanda Chhattisgarh, ... Respondent/Accused For Appellant : Shri Hemant Kesharwani, Advocate. For Respondent : None, though served. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Judgment on Board 16/12/2025 1. This is acquittal appeal filed under section 378 (4) of Cr.P.C. by the complainant against the judgment & order dated 03.12.2013 passed by the Judicial Magistrate First Class, Bilaspur (C.G.) in Complaint Case No.126/2011 whereby the learned Trial Court acquitted the respondent/accused of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, NI Act). Along with this appeal, an application under section 378(4) of the Cr.P.C. for grant of leave to appeal against the impugned judgment was also filed and the said application was allowed by this Court on 07.02.2014 in the aforesaid Acquittal Appeal. 2. Learned counsel for the appellant/complainant submits that though leave to appeal under Section 378(4) of the Cr.P.C. has been granted Digitally signed by ALLENA ANJANI KUMAR Date: 2025.12.16 17:07:14 +0530 2 by this Court, but recently the Supreme Court in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 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 (hereinafter referred to as 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. 3. Learned counsel for the appellant further submits that the Supreme Court in the aforesaid case has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the provisions of Section 372 of the Cr.P.C, and therefore in this case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Judge under proviso to Section 372 Cr.P.C. corresponding to Section 413 of BNSS. He further submits that the limitation may not come in the way while deciding the appeal on its own merits. 4. Heard learned counsel for the Appellant and perused the documents on record. 5. Considering the submissions made herein above and also in the light of judgment laid down by the Supreme Court in the matter of M/s. Celestium Financial (supra), this Court is inclined to permit the appellant to withdraw this appeal by granting him liberty to prefer the appeal against the impugned judgment and order dated 03.12.2013 before the concerned Sessions Judge within a period of 60 days from 3 the date of receipt of copy of this order. Order accordingly. It is clarified that if such appeal is filed before the concerned Session Judge within the time prescribed 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. 6. In that view of the matter, Registry is directed to return the certified copy of the impugned judgment after obtaining the attested photocopy of the same. 7. The record of the case be sent back to the concerned Court forthwith. 8. In view of the above, the present appeal stands disposed of. Sd/- (Radhakishan Agrawal) JUDGE Anjani