Anish Ahmed Khan Vs Gulam Nabi Qureshi — Cheque Dishonour | Chhattisgarh HC (2025)

Anish Ahmed Khan Vs Gulam Nabi Qureshi — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days before the appropriate Court; limitation not to be insisted upon if the appeal is filed within that time; Registry directed to return the certified copy of the impugned judgment/order and relevant documents to counsel and to send the record back to the concerned Court.

Issue for consideration

Whether the complainant's acquittal appeal against the acquittal under Section 138 NI Act should be disposed of with liberty to avail the remedy of appeal under the proviso to Section 372 Cr.P.C. in light of Celestium Financial.

Court's answer

Considering the law declared in Celestium Financial (supra), the appeal is disposed of reserving liberty to the appellant to file an appeal within 45 days from this order before the appropriate Court, in accordance with law.

Ratio / Principle

If such an appeal is filed before the concerned Court within the time given by this Court, that Court shall not insist upon limitation and shall proceed to decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA No. 101 of 2020) by the complainant against the judgment dated 19.03.2019 of the Judicial Magistrate First Class, Rajnandgaon, in Complaint Case No.2291/2013 acquitting the accused of the charge under Section 138 of the Negotiable Instruments Act, 1881. Relying on the law declared by the Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (dated 08.04.2025) on the victim's right to appeal against acquittal under the proviso to Section 372 Cr.P.C., the High Court (Deepak Kumar Tiwari, J.) disposed of the appeal, reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, and clarified that if such appeal is filed within that time, the concerned Court shall not insist upon limitation and shall decide it in accordance with law. Registry to return the certified copy and send the record back.

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2025:CGHC:46077

NAFR

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.10 15:17:47 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 101 of 2020

1 - Anish Ahmed Khan S/o Late Noor Khan Aged About 55 Years R/o Hamalpara, Rajnandgaon District - Rajnandgaon Chhattisgarh. (complainant).

... Appellant.

versus

1 - Gulam Nabi Qureshi S/o Abdul Rauf Qureshi, Aged About 51 Years R/o Gauri Nagar, Ward No. 12, District - Rajnandgaon Chhattisgarh (accused).

... Respondent(s)

For Appellant : Shri Basant Dewangan, Advocate.

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

10/09/2025

This Acquittal Appeal has been filed against the judgment dated 19.03.2019 passed by the Judicial Magistrate First Class, District Rajnandgaon C.G. in Complaint Case No.2291/2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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

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804, 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

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.

Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

Registry shall send back the record to the concerned Court.

Accordingly, this Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari) Judge

Avinash/Priyanka