2026:JHHC:12370 1 Acquittal Appeal (C) No. 52 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acquittal Appeal (C) No. 52 of 2025 Asha Devi, aged about -42 years W/o Vinod Giri @ Binod Giri, Permanent Resident of village-Salaidih, Chalkusha, P.O. and P.S.- Chalkusha, District- Hazaribagh, Jharkhand A/P R/o- Muhalla- Patel Nagar, Gandhi School Road, Ward No. 25, Jhumri Telaiya, P.O.- Jhumri Telaiya, P.S.- Telaiya, Dist.- Koderma, Jharkhand …....... Appellant(s) Vrs. 1.The State of Jharkhand 2.Kalyanji Anandji S/o – Sahdev Modi @ Sahdeo Modi, Permanent Resident of village- Godkhar, P.O. and P.S.- Jainagar, District- Koderma, Jharkhand. A/P R/o- Muhalla- Patel Nagar, Gandhi School Road, Ward No. 25, Jhumri Telaiya, P.O.- Jhumri Telaiya, P.S.- Telaiya, Dist.-Koderma ........ Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant(s) : Mr. Soumitra Baroi, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P. For the Resp. No.2 : Mr. Avilash Kumar, Advocate 04/28.04.2026 Heard learned counsel for the parties. 2. The present acquittal appeal has been filed against the judgment dated 28.01.2025, passed in Complaint Case No.363 of 2023 corresponding to T.R. Case No. 1014 of 2025 by the learned Judicial Magistrate, 1st Class, Koderma, whereby and whereunder the learned trial court has acquitted the respondent No.2 for the charge under Section 138 of the Negotiable Instruments Act, 1881. 3. 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 2026:JHHC:12370 2 Acquittal Appeal (C) No. 52 of 2025 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 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.” 4. Thus, in the present case the judgment of acquittal has been passed by the learned Judicial Magistrate 1st Class, Koderma, and as such, the appeal will lie before the next appellate authority of the Civil Court itself. 5. In that view of the matter, the present acquittal appeal is disposed of by giving liberty to the appellant to work out his remedy before the appropriate forum. 6. Consequently, I.A. No. 5313 of 2025 seeking leave to appeal also stands disposed of. (Rajesh Kumar, J.) 28.04.2026 A. Mohanty Uploaded ____/____/2026