1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 423 of 2025 Moharram Sahu S/o Dashrath Sahu Aged About 59 Years Caste- Teli, R/o Bilaspur, P.H.N. 40, Police Station - Sarsiwan, Dist. Balodabazar- Bhatapara, C.G. Now District- Sarangarh-Bilaigarh, C.G. ... Appellant/Complainant versus 1 - State Of Chhattisgarh Through Police Station - Sarsiwan, Dist. Balodabazar-Bhatapara, C.G. Now District- Sarangarh-Bilaigarh, C.G. 2 - Harish Sahu S/o Late Tularam Sahu Aged About 25 Years R/o Bilaspur, Police Station - Sarsiwan, Dist. Balodabazar-Bhatapara, C.G. 3 - Manish Sahu S/o Late Tularam Sahu Aged About 23 Years R/o Bilaspur, Police Station - Sarsiwan, Dist. Balodabazar-Bhatapara, C.G. 4 - Laxminarayan Sahu S/o Santram Sahu Aged About 50 Years R/o Bilaspur, Police Station - Sarsiwan, Dist. Balodabazar-Bhatapara, C.G. ... Respondents For Appellant : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent/State : Mr. G.L. Uike, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 20/11/2025 1. This acquittal appeal U/s 413 of BNSS has been filed against the judgment dated 10.01.2025 passed by learned Judicial Magistrate First Class, Bhatgaon, District Sarangarh-Bilaigarh (C.G.) in Criminal Case No. J-334/2020 whereby, the SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.11.20 17:16:46 +0530 2 respondents No.2 to 4/accused have been acquitted of the charge for commission of offence under Section 294 of IPC. However, convicted under Section 323/34 of IPC. 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 of 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 today 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 photocopy of the same. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham