Disposed

Ankush Shukla v. Hemant Sahu @ Hansu

Chhattisgarh HC17 Sept 2025ACQA/1025/2024

Case brief

AI extract

What is this about?

Complainant filed an acquittal appeal against discharge of a cheque dishonour case under Section 138 NI Act. Relying on Celestium Financial, the court held the complainant may be a victim entitled to file an appeal under Section 413 BNSS, and disposed of the appeal with liberty to refile.

What did the court decide?

Appeal disposed with liberty to file an appeal before the appropriate Court within 60 days; limitation not to be insisted upon; certified copies and record returned.

Ankush Shukla Vs Hemant Sahu @ Hansu — Cheque Dishonour | Chhattisgarh HC (2025)

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2025:CGHC:48084

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 1025 of 2024

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Ankush Shukla S/o Aditya Shukla Aged About 30 Years R/o Ishwari Prasad Dhurandar Ward, Bhatapara, P.S. - Bhatapara City, Distt - Balodabazar-Bhatapara Chhattisgarh ... Appellant

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versus

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Hemant Sahu @ Hansu S/o Maniram Sahu Aged About 24 Years R/o In Front Of F.C.I. Godam, Behind Shiv Mandir, Hathni Para, Ward Bhatapara, P.S. Bhatapara City, Distt - Balodabazar-Bhatapara Chhattisgarh ...

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Respondent

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For the petitioner : Ms. Deblina Maity, Advocate For the respondent : Mr. Ayush Verma, Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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18.09.2025

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1. This acquittal appeal under Section 419(4) of BNSS 2023 has been filed against the judgment dated 06.07.2024 passed by the learned Judicial Magistrate First Class, Bhatapara, District Balodabazar Bhatapara (C.G) in Negotiable Case No. 92/2023 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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2. At the outset, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held that the complainant in a complaint filed 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,

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2023 (for short the “BNSS”) and thus 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, the instant case may be disposed of reserving liberty so as to avail the said remedy of appeal.

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3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of with liberty to the appellant to file an appeal within a period of 60 days from the date of receipt of a copy 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.

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4. 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.

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5. Registry shall send back the record to the concerned Court.

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Sd/-

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(Sanjay Kumar Jaiswal) Judge

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Rao

Ankush Shukla v. Hemant Sahu @ Hansu

Case brief

What is this about?

What did the court decide?

Ankush Shukla v. Hemant Sahu @ Hansu

Case brief

What is this about?

What did the court decide?

What the court decided

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