1 2025:CGHC:27603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.56 of 2025 Ayodhya Jaiswal S/o Ganeshram Aged About 45 Years R/o Nagar Panchayat Lawan, Tehsil - Lawan, District - Balodabazar - Bhatapara, Chhattisgarh.(Complainant) ... Appellant versus Kailash Sahu S/o Bihari Lal Sahu Aged About 35 Years R/o Village - Kasaundi, Tehsil - Sonakhan, District - Balodabazar - Bhatapara, Chhattisgarh.(Accused) ... Respondent For Appellant : Shri Rahul Agrawal, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 25.06.2025 1. This Appeal has been filed under Section 419(4) of the BNSS, 2023 for grant of special leave to Appeal against the judgment of acquittal dated 29.11.2024 passed by the Judicial Magistrate First Class, Baloda Bazar in Criminal Complaint Case No.490/2024 whereby, Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.26 11:19:32 +0530 2 the Respondent/accused has been 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 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 submits that this Appeal may be disposed of reserving the liberty so as to avail the said remedy. 3. Ms. Seema Verma, Advocate appears and submits that she has filed power on behalf of the Respondent today itself and does not oppose the above submission. 4. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving the liberty in favour of the Appellant to file an Appeal before the appropriate Court within a period of 45 days from the date of passing of this judgment in accordance with law. 5. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the said Court would not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law. 3 6. Registry shall return the certified copy of the judgment and relevant documents to Counsel for the Appellant after retaining its photocopy. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya