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Jitendra Kumar Lahare v. Yashwant Chandravanshi

Chhattisgarh HC9 Sept 2025ACQA/104/2020

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur | ACQA No. 104 of 2020 | Jitendra Kumar Lahare v. Yashwant Chandravanshi | Acquittal appeal u/S 378(4) CrPC against JMFC Kabirdham acquittal u/S 138 NI Act (judgment dt. 07.02.2019) | Disposed of in view of Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 | Liberty to file appeal under proviso to S. 372 Cr.P.C. within 45 days; limitation not to be insisted upon | Coram: Justice Deepak Kumar Tiwari | Decided 10/09/2025.

What did the court decide?

Appeal disposed of reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, with a direction that limitation shall not be insisted upon if filed within that time; Registry to return the certified copy of the impugned judgment and documents to counsel for the appellant and send the record back to the concerned Court.

Jitendra Kumar Lahare Vs Yashwant Chandravanshi — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the acquittal appeal under Section 378(4) CrPC should be disposed of reserving liberty to the appellant/complainant to avail the remedy of an appeal under proviso to Section 372 Cr.P.C. in view of the law declared in Celestium Financial (2025 INSC 804).

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Court's answer

Considering the law declared in Celestium Financial (supra), the acquittal 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.

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Ratio / Principle

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

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Detailed headnote1 paragraphs

Acquittal Appeal (ACQA) under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 07.02.2019 of the JMFC, Kabirdham (Kawardha) acquitting the accused in Criminal Complaint Case No.1328/2018 under Section 138 of the Negotiable Instruments Act, 1881. Relying on the law declared in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (regarding the victim's right to appeal against acquittal under proviso to Section 372 Cr.P.C.), the High Court disposed of the appeal reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, directing that limitation shall not be insisted upon if the appeal is filed within that period. Registry directed to return the certified copy of the impugned judgment and documents and to send the record back to the concerned Court.

2025:CGHC:46215

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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PRIYANKA VERMA

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Digitally signed by PRIYANKA VERMA Date: 2025.09.11 10:22:40 +0530

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ACQA No. 104 of 2020

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1 - Jitendra Kumar Lahare S/o Tulsi Lahare Aged About 35 Years R/o. Village Magarda, At Present Sonpuri, Police Station And Tahsil Kawardha, District Kabirdham, Chhattisgarh

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... Appellant

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versus

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1 - Yashwant Chandravanshi S/o Kisun Chandravanshi R/o. Paliguda, Police Station Pipariya, District Kabirdham, Chhattisgarh

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... Respondent

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For Appellant : Mr. Shikhar Sharma and Ms. Prachi Singh, Advocates

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Judgment On Board

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10/09/2025

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1. This Acquittal Appeal has been preferred under Section 378(4) of the

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Criminal Procedure Code, 1973 against the judgment dated 07.02.2019

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passed by the Judicial Magistrate First Class, Kabirdham (Kawardha) in Criminal Complaint Case No.1328/2018, whereby, the respondent/accused has been 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 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 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 Appeal may be disposed of reserving liberty so as to avail the said remedy.

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3. 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.

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

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

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6. Accordingly, the Appeal is disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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