Disposed¶18

Ishwar Kumar Dewangan v. Bhanupratap

Chhattisgarh HC27 Oct 2025ACQA/129/2025

Case brief

AI extract

What is this about?

Celestium Financial 2025 INSC 804; Section 138 NI Act acquittal appeal; Section 419(4) BNSS 2023; proviso Section 372 CrPC; Section 413 BNSS; complainant as victim s.2(wa) CrPC s.2(y) BNSS; 60-day liberty to file appeal; limitation condoned if filed in time; Chhattisgarh High Court Bilaspur ACQA; JMFC Durg Case CIS No.9827/2022; appeal disposed of.

What did the court decide?

Liberty reserved to the appellant to file an appeal before the appropriate Court within 60 days from the order; if filed within that period, limitation will not be insisted upon and the appeal will be decided in accordance with law. Registry directed to return certified copies of the impugned judgment/documents and the record to be sent back forthwith to the concerned Court. ¶18

Ishwar Kumar Dewangan Vs Bhanupratap — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the complainant in a complaint under Section 138 of the N.I. Act, facing an acquittal, may prefer an appeal under proviso to Section 372 Cr.P.C. / Section 413 BNSS per Celestium Financial, and whether the present acquittal appeal should be disposed of with liberty to avail that remedy.

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Court's answer

On the submission of appellant's counsel and considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of, reserving liberty in favour of the appellant to file an appeal before the appropriate Court within 60 days from this order, in accordance with law.

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Ratio / Principle

If such an appeal is filed before the concerned Court within the time given, limitation would not be insisted upon and the matter will be decided in accordance with law.

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Key takeaways

The Court accepted counsel's submission founded on Celestium Financial (2025 INSC 804) that the complainant under section 138 is a victim (s.2(wa) Cr.P.C. / s.2(y) BNSS) entitled to appeal under proviso to Section 372 Cr.P.C. / Section 413 BNSS, and disposed of the appeal on that footing.ratio¶18

Detailed headnote1 paragraphs

ACQA No. 129 of 2025 (Chhattisgarh HC, Bilaspur; Sanjay Kumar Jaiswal J.; order dated 28/10/2025): Acquittal appeal under Section 419(4) BNSS, 2023 against the judgment dated 13.02.2024 of the Judicial Magistrate First Class, Durg in Case (CIS) No.9827/2022 acquitting the accused of the charge under Section 138 of N.I. Act. Acting on counsel's submission and relying on M/s. Celestium Financial Vs. A. Gnanasekaran Etc., 2025 INSC 804 (complainant under section 138 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 appeal was disposed of with liberty to file an appeal within 60 days before the appropriate Court; limitation not to be insisted upon if filed within that time. Registry to return certified copies; record to be sent back forthwith.

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Digitally signed by BHOLA BHOLANATH NATH KHATAI KHATAI Date:2025.10.29 11:21:25 +0530

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2025:CGHC:52537

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 129 of 2025

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1 - Ishwar Kumar Dewangan S/o Jagatram Dewangan Aged About 48 Years Resident Of Village Birejhar, Police Station Anjora Chowki, Tahsil And District Durg (C.G.)

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... Appellant(s)

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versus

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1 - Bhanupratap S/o Manharan Chakradhari Resident Of Village Birejhar, Police Station Anjora Chowki, Tahsil And District Durg (C.G.)

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... Respondent(s)

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For Appellant : Mr. Praveen Dhurandhar, Advocate For Respondent : None

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

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28/10/2025

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1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the judgment dated 13.02.2024 passed by learned Judicial Magistrate First Class, Durg, District Durg (C.G.) in Case (CIS) No.9827/2022 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.

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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 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.

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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 photocopy of the same.

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

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Sd/(Sanjay Kumar Jaiswal) Judge

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Khatai

Ishwar Kumar Dewangan v. Bhanupratap

Case brief

What is this about?

What did the court decide?

Ishwar Kumar Dewangan v. Bhanupratap

Case brief

What is this about?

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What the court decided

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