1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 127 of 2026 1 - Indusind Bank Ltd. Address- Third Floor, Ravi Bhavan, Jaistambh Chowk, G.E. Road, Raipur C.G. ... Petitioner versus 1 - Rajiv Tamrakar S/o Bahoran Lal Tamrakar, Address- H. No. 31, Near Old Bus Stand, Simga, District Balodabazar C.G. ... Respondent For Petitioner : Mr. Swayam Tehanguria, Advocate. For Respondent : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14/01/2026 1. The complainant/petitioner has filed this petition under Section 528 of BNSS, 2023 against the order dated 12.08.2025 passed by 2nd Additional Sessions Judge, Raipur, C.G. in unregistered case with filing No. 4549/2025 (Indusind Bank Ltd. vs. Rajiv Tamrakar) read with order dated 13.05.2025 passed by Judicial magistrate First Class, District – Raipur, C.G. in Case No. 6384/2022 (Indusind Bank Ltd. Vs. Rajiv Tamrakar). 2. In the case, the petitioner filed a complaint under the provisions of Section 138 read with Section 142 of the N.I. Act which was filed before the JMFC, Raipur and was HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.01.14 16:39:42 +0530 2 registered as Case No. 6384/2022. The complaint filed by the petitioner was dismissed in non-prosecution vide order dated 13.05.2025 by JMFC, Raipur, which amounts to the acquittal of the respondent/accused for the offence under Section 138 of N.I. Act. Thereafter, the petitioner had inadvertently filed a revision application bearing filing No. 4549/2025 before 2nd Additional Sessions Judge, Raipur, which was dismissed, holding that the revision petition is not maintainable. 3. Learned counsel for the petitioner submits that since the complaint filed u/s section 138 of NI Act before the trial Court stood dismissed on non-prosecution and inadvertently filed a revision application by the petitioner which was also dismissed as not maintainable, therefore, the petition filed u/s 528 of BNSS can be disposed of after setting aside the order dated 12.08.2025 passed by learned 2nd Additional Sessions Judge, Raipur, with liberty to file an appeal before the appropriate Court because the complainant is considered victim and has statutory right to appeal under the proviso to Section 413 BNSS (Section 372 CrPC). 4. Having considered the submission made by learned counsel, and also considering the facts and circumstances of the case, this Court is inclined to set aside the order dated 12.08.2025. 5. Accordingly, order dated 12.08.2025 passed by learned 2nd Additional Sessions Judge, Raipur (C.G.) in unregistered case with Filing No. 4549/2025 is set aside. 6. At this stage, learned counsel for the petitioner submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 wherein it has been held that the complainant in a complaint filed 3 under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) and the said complainant can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, therefore, the case may be disposed of reserving liberty so as to avail the said remedy of appeal. 7. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Cr.M.P is disposed of reserving liberty in favour of the petitioner to file an appeal within a period of 60 days 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. 8. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the petitioner after retaining the photocopy of the same. 9. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu