1 2025:CGHC:40472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 99 of 2020 Kamlesh Dedhiya S/o Shri Kanti Lal Dedhiya Aged About 41 Years R/o Station Road, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Appellant. versus Shri Nasir Khan S/o Shri Jabbar Khan Aged About 50 Years R/o Vasundha Vidya Mandir, Near Ali Kirana Stores, Teli Dharmshala, Ashwani Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent. For Appellant : None. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 12.08.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 26.02.2019 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.29208/2016, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 2. Recently in the case of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 decided on 08.04.2025 rendered by the Hon’ble Supreme Court right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.08.13 11:12:44 +0530 2 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. In such circumstances, this court deems it appropriate to dispose of this appeal reserving the liberty in favour of the appellant so as to avail the said remedy. 3. Hence, 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 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 jurisdictional Sessions 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 sent copy of this order to the appellant/complainant with information that he shall avail the remedy of appeal as aforesaid, if so desire. 5. Registry shall return the certified copy of the order/judgment and relevant documents to the appellant, if required. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay