2026:JHHC:13636 1 Acquittal Appeal (C) No. 47 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acquittal Appeal (C) No. 47 of 2025 Manoj Kumar Singh aged about 52 years S/o Late Chhedi Singh, Resident of Jharudih, Twenty- Twenty Tower, P.O. & P.S. & District- Dhanbad …....... Appellant(s) Vrs. 1.The State of Jharkhand 2.Sunil Kumar Rai, S/O Late Baikunth Rai, Resident of Jahrudih, Uma Incline, Flat No.- B, Floor- 3rd, Opp. Twenty- Twenty Tower, P.O., P.S. & District- Dhanbad. ........ Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant(s) : Mr. Saibal Kr. Laik, Advocate For the Respondent No.2 : Mr. Jasvinder Mazumder, Advocate 06/07.05.2026 The present acquittal appeal has been filed against the judgment dated 24.06.2025 passed by the learned Judicial Magistrate 1st Class, Dhanbad in Complaint Case No.1834 of 2019 whereby the learned Trial Court has acquitted the respondent no.2 herein from the charge under Section 138 of the Negotiable Instrument Act. 2. In view of the judgment passed by the Hon’ble Supreme Court in the case of Celestium Financial Vs. A. Gnanasekaran Etc., reported in 2025 SCC OnLine SC 1320 and considering the clear provision of Section 372 of the Cr.P.C., the appeal against the judgment of acquittal, passed by the Judicial Magistrate, will lie before the court below itself i.e. the Sessions Court. Paragraph No.6.1 of the said judgment is relevant which reads as under: 6.1. Chapter XXIX of the CrPC deals with appeals. The said Chapter delineates the statutory framework governing appeals. Section 372 unequivocally declares that no appeal shall lie from any judgment or order of a criminal court except as provided for by the CrPC itself or by any other law for the time being in force. In fact, Section 372 of the CrPC speaks of an embargo on the filing of an appeal from any judgment or order of a criminal court except as provided for by the CrPC or by any other law for the time being in force. Section 372 is couched in a negative language and it states that no appeal shall lie from any judgment or order of a criminal court except as provided for by the CrPC or by any other law for the time being in force. Section 372 is a preface to the chapter on appeals which in substance states that appeal can be filed only in accordance with what has been stated in the provisions to follow Section 372. The proviso was introduced to Section 372 by the Code of Criminal Procedure (Amendment) Act, 2026:JHHC:13636 2 Acquittal Appeal (C) No. 47 of 2025 2008 (Act 5 of 2009), which came into effect from 31.12.2009. By virtue of this amendment, a limited right of appeal has been conferred upon the victim of an offence. On a reading of the proviso to Section 372, it is apparent that a victim shall have a right to prefer an appeal against: (i) any order passed by the court acquitting the accused or (ii) convicting for a lesser offence or (iii) imposing inadequate compensation. Such appeal shall lie to the court to which an appeal ordinarily lies against the order of conviction of such court. In fact, with effect from 31.12.2009 when clause (wa) to Section 2 was inserted to the definition of victim, proviso to Section 24 was also added which provides that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under the said sub-section.” 3. In that view of the matter, learned counsel for the appellant has sought permission for withdrawal of the appeal with a liberty to approach the next appellate authority in the Civil Court. 4. With the aforesaid liberty, the present appeal stands disposed of as withdrawn. 5. If an appeal is filed within a period of one month, the Court below is directed to consider the same in accordance with law. (Rajesh Kumar, J.) 07.05.2026 A. Mohanty Uploaded ____/____/2026