1 2025:CGHC:57243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 811 of 2024 1 - Denial Chowdhary S/o Late Shri B. Chowdhary (Christian) Aged About 61 Years R/o Dhamtari Christian Hospital, Dhamtari, Tahsil And District Dhamtari Chhattisgarh ... Applicant versus 1 - Arun Kushwaha S/o B.S. Kushwaha R/o Tank Colony, 94 N 04,, Near Raman Mandir, Fafadih Ward, Raipur, Tahsil And District Raipur Chhattisgarh And Arun Kushwaha, S/o B. S. Kushwaha, R/o Near Mittal Nursing Home, Raipur Road, Dhamtari, Tahsil And District Dhamtari Chhattisgarh ... Respondent For Appellant : Mr. Anmol Verma, Advocate on behalf of Mr. Tridib Bhattacharya, Advocate. For Respondent : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 25/11/2025 1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 07.10.2021 passed by the learned Judicial Magistrate First Class, Dhamtari, District - Dhamtari (C.G.) in Criminal Case No. 468/2015 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.11.25 16:54:36 +0530 2 2. At the outset, learned counsel for the appellant submits that 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 from 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 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