Pooranchand Jaiswal Vs Shivnath Yadav — Cheque Dishonour | Chhattisgarh HC (2025)

Pooranchand Jaiswal Vs Shivnath Yadav — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 60 days before the appropriate Court; the concerned Court, if the appeal is filed within that period, is not to insist upon limitation and is to decide the matter in accordance with law; Registry to return certified copy of impugned judgment/order and documents to counsel for the appellant retaining photocopy; record to be sent back forthwith to the concerned Court.

Issue for consideration

Whether the complainant-appellant's acquittal appeal under Section 419(4) BNSS against the acquittal under Section 138 N.I. Act should be disposed of with liberty reserved to him to pursue the remedy indicated by the Supreme Court in Celestium Financial, namely filing an appeal as a 'victim' under Section 413 BNSS.

Court's answer

In view of counsel's submission and considering the law declared in Celestium Financial, the acquittal appeal is disposed of reserving liberty in favour of the appellant to file an appeal within 60 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 would not insist upon the limitation while deciding the same and will proceed to decide the matter in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA No. 109 of 2025) filed by the complainant under Section 419(4) of BNSS, 2023 against judgment dated 11.12.2024 of JMFC Rajpur, District Balrampur-Ramanujganj acquitting the accused under Section 138 N.I. Act in Criminal Complaint Case No.199/2019. Following the Supreme Court ruling in M/s. Celestium Financial Vs. A. Gnanasekaran, 2025 INSC 804 (that the complainant in a Section 138 complaint is a 'victim' under Section 2(wa) Cr.P.C./Section 2(y) BNSS and may appeal under proviso to Section 372 Cr.P.C./Section 413 BNSS), the High Court disposed of the appeal reserving liberty to file the appropriate appeal within 60 days, with a direction that limitation be not insisted upon if the appeal is filed within that period; certified copy and record to be returned/remitted.

1

Digitally signed by BHOLA BHOLANATH NATH KHATAI KHATAI Date:2025.10.28 10:38:22 +0530

2025:CGHC:52230

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 109 of 2025

1 - Pooranchand Jaiswal S/o Shri Shivsharan Jaiswal Aged About 48 Years At Present Aged About 52 Years R/o Village Rajpur P.S. And Tahsil Rajpur District - Balrampur Ramanujganj (C.G.) (Complainant)

versus

1 - Shivnath Yadav S/o Late Sarju Yadav Aged About 50 Years At Present Aged About 54 Years Caste Ahir R/o Village Pahadkhadwa P.S. Jhingo P.S. And Tahsil Rajupur District - Balrampur Ramanujganj (C.G.) ( Accused)

... Respondent

For Appellant : Mr. Hariom Rai, Advocate For Respondent : None

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

27/10/2025

1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the judgment dated 11.12.2024 passed by learned Judicial Magistrate First Class, Rajpur, District Balrampur - Ramanujganj (C.G.) in Criminal Complaint Case No.199/2019 whereby the respondent/accused has been acquitted of the charge under Section 138 of N.I. Act.

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2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding 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, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to Section 372 of Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

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 60 days from this order before the appropriate Court, in accordance with law. It is 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 matter in accordance with law.

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

5. The record be sent back forthwith to the concerned Court.

Sd/(Sanjay Kumar Jaiswal) Judge

Khatai