Jasbir Singh Bedi Vs Suraj Nebhani — Cheque Dishonour | Chhattisgarh HC (2025)

Jasbir Singh Bedi Vs Suraj Nebhani — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the acquittal appeal by the complainant should be disposed of reserving liberty to avail the remedy of an appeal against acquittal under the proviso to Section 372 Cr.P.C. as declared in Celestium Financial (supra).

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 before the appropriate Court within 45 days from the order, in accordance with law.

Ratio / Principle

If the appellant files such an appeal before the concerned Court within the 45-day period granted, that Court shall not insist upon limitation and shall decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA) by the complainant against the judgment dated 26.12.2019 of the Judicial Magistrate First Class, Raipur, acquitting the accused of the charge under Section 138 of the Negotiable Instruments Act, 1881. Placing reliance on the law declared by the Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (that the victim has a right to prefer an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C.), the High Court disposed of the appeal reserving liberty to the appellant to file an appeal before the appropriate Court within 45 days, clarifying that if such appeal is filed within that time, limitation shall not be insisted upon. Registry was directed to return the certified copy of the impugned judgment and documents to counsel and to send the record back to the concerned Court.

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2025:CGHC:46691

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.12 15:10:22 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 114 of 2020

1 - Jasbir Singh Bedi S/o Shri Balvant Singh Aged About 60 Years R/o Quarter No. E/112 Near Krishna Tokies, Samta Colony Raipur, Tahsil And DistrictRaipur, Chhattisgarh. (complainant).

... Appellant.

versus

1 - Suraj Nebhani S/o Gurumukh Das Nebhani Aged About 40 Years R/o Prit Aata Chakki Gali, In Side Of Priti Butik Ravigram Shyam Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh. (accused).

... Respondent.

For Appellant	: Shri Sahil Sahu appears on behalf of Shri Sunil Sahu , Advocates.
For Respondent	: None.

Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board

12/09/2025

This acquittal appeal has been filed against the judgment dated 26.12.2019 passed by the Judicial Magistrate First Class, Raipur C.G. in Complaint Case No.2259/2016 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

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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 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