1 2025:CGHC:43247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 58 of 2020 1 - Aakash Finance And Leasing, Proprietor, Smt. Kiran Devi Jain, Through Its Power Of Attorney Holder, Aakash Jain S/o Uttam Chand Jain, Aged About 35 Years, R/o Shop No. 07, Near Takapara School, Old Bus Stand District Rajnandgaon Chhattisgarh. ... Appellant versus 1 - Kailash Dewangan S/o Late Shri Hariram Dewangan Aged About 42 Years Ward No. 47, Mohara, Basantpur , District Rajnandgaon Chhattisgarh. ... Respondent(s) For Appellant : Shri Pragalbha Sharma with Miss Laxmi Gupta, Advocates. For Respondent(s) : Shri Aniruddh Shrivastava appears on behalf of Shri SS Baghel, Advocate. Hon'ble Shri Deepak Kumar Tiwari, J Judgment on Board 26/08/2025 1. This acquittal appeal has been filed against the order dated 9.7.2019 passed by Judicial Magistrate First Class, Rajnandgaon in Complaint Case No.3307/2017 whereby, the complaint case was dismissed and the respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. At the outset, learned counsel for the appellant submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.08.26 15:19:37 +0530 2 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. Learned counsel submits that the 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), 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 made clear that on such appeal being 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. 5. 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. 6. Registry shall send back the record to the concerned Court. Sd/- (Deepak Kumar Tiwari) Judge Barve