1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1043 of 2024 Aman Krishi Seva Kendra Marwahi Through Its Proprietor Anand Mohan Rai S/o Late Ayodhya Prasad Rai, Age - 55 Years R/o Village - Marwahi Next To State Bank Of India, New Bus Stand Marwahi, Tahsil And P.S. Marwahi, District - Bilaspur, Chhattisgarh. ... Petitioner(s) versus Shri Mithlesh Kumar Dubey S/o Rohni Prasad Dubey Age- Not Known To The Appellant, R/o Village Konda Tahsil And P.S. Khadganwa, District Koriya, Chhattisgarh ... Respondent(s) For the Appellant : Mr. Ghan Shyam Patel, Advocate For the respondent : Mr. Manoj Kumar Sinha, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 19.11.2025 1. This acquittal appeal u/s 419(4) of BNSS 2023 has been filed against the order dated 02.08.2018 passed by the learned Judicial Magistrate First Class, Marwahi, (C.G.) in Criminal Case No.112/2017 whereby, the complaint filed by the complainant under Section 138 & 142 of the Negotiable Instruments Act, 1881 has been dismissed being barred by limitation and the respondent/accused has been acquitted of the charges. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.11.20 13:59:09 +0530 2 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. 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 send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao