1 2025:CGHC:42044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 73 of 2019 Smt. Vidya Kanjwani Wd/o Late Chatur Singh Kanjwani, Aged About 34 Years, R/o Kashiram Nagar, Telibandha, District- Raipur, Chhattisgarh ... Appellant(s) versus Sofiya Bano Khan D/o Shri Abdul Kadir Khan, R/o C/o Munna Kirana Stores, Jagriti Nagar, Fafadih, Raipur, Tahsil And District- Raipur, Chhattisgarh ... Respondent(s) For Appellant : None : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 20/8/2025 1. None appears for the appellant when the matter was called out. 2. Perused the record. SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 3. This Acquittal Appeal has been preferred against the judgment of acquittal dated 22.11.2018 passed by the Judicial Magistrate First Class, Raipur (CG) in Criminal Complaint Case No.1322/2013, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 4. 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., 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. 5. 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 45 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. 6. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining a photocopy of the same. 3 7. Registry shall send back the record to the concerned Court. 8. Registry shall also send a copy of this order to the appellant through the registered mode with a note that she may prefer an appeal before the concerned jurisdictional Sessions Court in view of the aforesaid observations, if so advised. 9. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Shyna