1 2025:CGHC:59607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 122 of 2020 1 - Purushotam Singh S/o Late Shri Dani Singh Aged About 65 Years R/o Purani Basti, Ward No. 17, Akaltara, Police Station- Akaltara, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Appellant/Complainant versus 1 - Ravishankar Marawi S/o Shri Ratan Singh Marwai Aged About 30 Years R/o Taraud, Tahsil And Police Station- Akaltara, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent ACQA No. 72 of 2020 1 - Purushotam Singh S/o Late Shri Dani Singh Aged About 65 Years Resident Of Purani Basti, Ward No. 16, Akaltara, Police Station- Akaltara, District- Janjgir-Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ---Appellant/Complainant Versus 1 - Sukhram Singh Sidar S/o Late Shri Ramdayal Sidar Aged About 55 Years Resident Of Parsahinala, Tahsil And Police Station- Akaltara, District- Janjgir-Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.12.11 13:28:38 +0530 2 --- Respondent ACQA No. 492 of 2024 1 - Purushotam Singh S/o Late Shri Dani Singh Aged About 65 Years Resident Of Purani Basti, Ward No. 17, Akaltara, Police Station- Akaltara, District - Janjgir - Champa, Chhattisgarh ---Appellant/Complainant Versus 1 - Smt. Lata Devi Portey W/o Shri Ganeshram Portey Resident Of Parsahinala, Tahsil And Police Station- Akaltara, District - Janjgir - Champa, Chhattisgarh, --- Respondent ACQA No. 78 of 2020 1 - Purushotam Singh S/o Late Shri Dani Singh Aged About 65 Years R/o Purani Basti, Ward No. 17, Akaltara, Police Station - Akaltara, District - Janjgir-Champa,chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---Appellant/Complainant Versus 1 - Mukund Singh Kanwar S/o Shri Sarkar Singh Kanwar R/o Kotgadh, Tahsil And Police Station- Akaltara, District - Janjgir- Champa,chhattisgarh, District : Janjgir-Champa, Chhattisgarh --- Respondent ACQA No. 737 of 2019 1 - Purushotam Singh Kshatriya S/o Late Shri Dani Singh Aged About 65 Years R/o Purani Basti, Ward No. 16, Akaltara Police Station - 3 Akaltara, District - Janjgir Champa, Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ---Appellant/Complainant Versus 1 - Sanichram Yadv S/o Late Shri Ramadhar Yadav R/o Indira Nagar, Ward No. 19, Janjgir, Tahsil And Police Station - Janjgir, District - Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent (Cause title as taken from Case Information System) For Appellant/s : Mr. Abhishek Singh, Advocate appears on behalf of Mr. Lav Sharma, Advocate For Respondent/s : Mr. Pritendra Chauhan, Advocate appears on behalf of Mr. Ashutosh Trivedi, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 09/12/2025 1. These appeals under Section 378 (4) of the Criminal Procedure Code, 1973 (for brevity “Cr.P.C.”) have been filed by the appellant / complainant in the respective cases, challenging the judgment passed by the concerned Judicial Magistrate First Class, in the respective Compliant Cases, whereby the respondent/accused in the respective cases have been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short “the NI Act”). These appeals were filed along with applications under Section 378(4) of the Cr.P.C. for grant of leave to appeals 4 against the impugned judgment, which were allowed by this Court. Necessary particulars of which are as under : Sl. No. Case No. with party name Date of Judgment & Case No. Order passed by JMFC Date of order for granting leave by the High Court 1. ACQA/122/2020 (Purushotam Singh vs. Ravishankar Marawi) 11.10.2019 in Complaint Case No.279/2017 JMFC, Akaltara, District Janjgir- Champa 20.02.2020 2. ACQA/737/2020 (Purushotam Singh Kshatriya vs. Sanichram Yadav) 01.04.2019 in Complaint Criminal Case No.684/2013 JMFC, Akaltara, District Janjgir- Champa 13.11.2019 3. ACQA/72/2020 (Purushotam Singh vs. Sukhram Singh Sidar) 18.11.2019 in Complaint Case No.245/2017 JMFC, Akaltara, District Janjgir- Champa 23.01.2020 4. ACQA/78/2020 (Purushotam Singh vs. Mukund Singh Kanwar) 08.11.2019 in Complaint Criminal Case No.269/2017 JMFC, Akaltara, District Janjgir- Champa 30.01.2020 5. ACQA/492/2024 (Purushotam Singh vs. Smt. Lata Devi Portey) 22.10.2019 in Complaint Criminal Case No.280/2017 JMFC, Akaltara, District Janjgir- Champa 05.07.2024 2. At the outset, learned counsel for the appellants 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., 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 5 case may be disposed of reserving liberty so as to avail the said remedy. 3. Learned counsel for the respondent would not oppose the aforesaid submission. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), these appeals are disposed of reserving liberty in favour of the respective 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. 5. Registry shall return the certified copy of the impugned judgment and relevant documents to counsel for the appellant in the respective cases after retaining xerox copy of the same. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, these Acquittal Appeals stand disposed of. 8. Pending interlocutory application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi