1 2025:CGHC:35687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 106 of 2020 1 - Mohammad Raza Khatri Son Of Shahabuddin Aged About 34 Years Resident Of Raza Autoj Repairs Patpar Road, Near Godari Wala Dhan, Police Station Bhatapara, City, District Balodabazar-Bhatapara, Chhattisgarh. (Complainant). ...Appellant. versus 1 - Toran Yadu Son Of Udeyram Yadu Aged About 28 Years Resident Of Borsi, Post Bijradih, Police Station Bhatapara Village, District Balodabazar-Bhatapara, Chhattisgarh. (accused) ... Respondent(s) For Appellant : None. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 24/07/2025 1. On 11.02.2020, 06.07.2022 & 14.12.2022 none appeared on behalf of the appellant. Today also, no one appears on behalf of the appellant to pursue the matter, despite second call. 2. This acquittal appeal has been filed against the judgment dated 13.03.2019 passed by the Judicial Magistrate First Class, Bhatapara, Distt. Balodabazar, C.G. in Criminal Case No.S-99/17 whereby, respondent/accused was acquitted of the charge under Section 138 of the AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.07.24 16:24:40 +0530 2 Negotiable Instruments Act, 1881. 3. 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. 4. 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 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. 5. Registry is directed to send a copy of this judgment to the appellant/complainant through registered post informing him that he may avail the remedy of appeal before the concerned Sessions Court, if so advised. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash