1 2025:CGHC:29027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 79 of 2024 Gautam Jain S/o Ratanlal Jain Aged About 44 Years (Wrongly Mentioned As 38 Years In The Impugned Order), R/o Near Soni Battery, Brahman Para, Durg, Tehsil And District- Durg (C.G.) ... Appellant. versus Ashok Mishra, Aged About 58 Years, R/o Brahman Para Mohalai, P.S.- Pulgaon, Tehsil And District-Drug (C.G.) ... Respondent. For Appellant. : Mr. Prasoon Agrawal, Advocate. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 30.06.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 24.08.2023 passed by the Judicial Magistrate First Class, Durg in Complaint Case No.RCC/5964/2017, 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. 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, Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.07.01 11:18:46 +0530 2 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 respondent submits that he has filed Vakalatnama today itself and he has no objection with regard to the aforesaid limited prayer. 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 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 order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay/Priyanka