1 2025:CGHC:59853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 481 of 2019 Nai Duniya Media Private Limited Daily News Nai Duniya, In Front Of H.D.F.C. Bank, Link Road, Police Station Tarabahara, Bilaspur Chhattisgarh Through The General Manager, Through Authorized Representative Ajay Singh S/o Jitendra Singh Aged About 29 Years R/o Nutan Colony, Bilaspur Chhattisgarh., District : Bi- laspur, Chhattisgarh ... Appellant versus Afsar Ali J.K. News Ajency, Haldi Badi, Chirmiri, Thana Chirmiri, Jila Koriya Chhattis- garh., District : Koriya (Baikunthpur), Chhattisgarh ... Respondent For appellant : Mr. Basant Dewangan, Adv. For Respondent : None appears. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 09 /1 2 /2025 1 This appeal under Section 378 (4) of the Criminal Procedure Code, 1973 (for brevity “Cr.P.C.”) has been filed by the appellant / complainant challenging the judgment dated 7-7-2012 passed by the Judicial Magistrate First Class, Bilaspur (C.G.) in Complaint Case No. 85/2011, whereby the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short “the NI Act”). 2 At the outset, learned counsel for the appellant submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., Digitally signed by AVANISH KUMAR PATHAK Date: 2025.12.16 11:58:59 +0530 2 2025 INSC 804, 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 further submits that the case may be disposed of reserving liberty to the appellant 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 is 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 Court within stipulated period 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 and relevant documents to counsel for the appellant after retaining xerox copy of the same. 5 Registry shall send back the record to the concerned Court. 6 Accordingly, the Acquittal Appeal stands disposed of. 7 Pending interlocutory application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak