2026:JHHC:16667 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acq. Appeal (C) No.66 of 2019 .... Sewa Singh @ Seva Singh, Aged about 73 years, son of Late Udham Singh, resident of Bara Gate, Gurudwara Road, P.O. and P.S. Mango, Town-Jamshedpur, District-East Singhbhum .… Appellant Versus 1. The State of Jharkhand 2. Srinath Thakur, Son of R.S.Thakur, Resident of Harharguttu Bazar, P.O. Bagbera, P.S. Bagbera, Town-Jamshedpur, District-East Singhbhum .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Indrajit Sinha, Adv. : Mr. Kaushik Chakraborty, Adv. For the State : Mr. Jitendra Pandey, A.P.P. .... 07/10.06.2026 1. The present acquittal appeal has been filed against the judgment dated 30.03.2019 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.1331 of 2007, whereby the learned trial court has acquitted the respondent No.2 for the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. In view of judgment of the Hon'ble Apex Court, passed in the case of Celestium Financial Vs. A. Gnanasekaran Etc., reported in 2025 SCC OnLine SC 1320, the appeal against the judgment of acquittal, passed by the Judicial Magistrate, will lie before the court below itself. 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, 2008 (Act 5 of 2009), which came into effect from 31.12.2009. By virtue of this amendment, a limited right of 2026:JHHC:16667 2 Acq. Appeal (C) No.66 of 2019 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. Since, the judgment of acquittal has been passed by the magisterial court, hence, the appeal will lie in the court below itself. 4. In that view of the matter, learned counsel for the appellant seeks permission to withdraw the present acquittal appeal with a liberty to approach the appropriate forum. 5. Learned counsel for the other side has raised no objection. 6. Permission is accorded. 7. Accordingly, the present acquittal appeal is, hereby, disposed of giving liberty to the appellant to approach the appropriate forum and work out his remedy in accordance with law. (Rajesh Kumar, J.) 10.06.2026 Shahid/ Uploaded on 11.06.2026