1 2025:CGHC:24460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 77 of 2025 1 - Nai Duniya (A Unit Of Jagram Publication Limited) Daily Newspaper Nai Duniya, 2nd Floor, Mahima Trade Centre, Shrikant Verma Marg, Bilaspur (C.G.), Through- Shri Ajay Singh Being Authorized By The Associate Vice President ... Appellant versus 1 - Makhan Lal Patel Aged About 44 Years, Member Of Jila Panchayat, R/o. Village- Manwa, P.S. Pachpedi, Tahsil- Masturi, District- Bilaspur (C.G.) ... Respondent For Appellant : Mr. H.A.P.S. Bhatia and Mr. M.P.S. Bhatia, Advocate For Respondent : Mr. Anukul Biswas, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 16/06/2025 1. The appellant has filed this Appeal under Section 419(4) of the BNSS, PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.17 14:18:44 +0530 2 2023 against the judgment of acquittal dated 22.10.2024 passed by the Judicial Magistrate First Class, Bilaspur in Case No.669/2018, whereby, 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 petitioner 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 the case may be disposed of reserving liberty so as to avail the said remedy. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this petition stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 30 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 shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining its photocopy. 3 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Acquittal Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Priyanka Judge