Abhishek Singh Vs Ravishankar Marawi — Cheque Dishonour | Chhattisgarh HC (2025)

Abhishek Singh Vs Ravishankar Marawi — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days from the order before the appropriate Court under the proviso to Section 372 Cr.P.C., with a direction that limitation shall not be insisted upon if the appeal is filed within that period; Registry to return the certified copy of the judgment and relevant documents to counsel for the appellant and send the record back to the concerned Court.

Issue for consideration

Whether, in view of the law declared in Celestium Financial regarding the victim's right to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C., the present acquittal appeal under Section 378(4) Cr.P.C. should be disposed of with liberty to the appellant to avail that remedy.

Court's answer

Considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of reserving liberty to the appellant to file an appeal within a period of 45 days from the 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 shall not insist upon limitation while deciding the same and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA No. 133 of 2020) under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 11.10.2019 of the Judicial Magistrate First Class, Akaltara, acquitting the respondent of the charge under Section 138 of the Negotiable Instruments Act, 1881: placing reliance on Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (victim's right to prefer an appeal against 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 within 45 days before the appropriate Court, and made clear that if such appeal is filed within the time granted, the concerned Court shall not insist upon limitation and shall decide it in accordance with law; Registry directed to return the certified copy and send the record back.

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2025:CGHC:41083

PRIYANKA VERMA

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally signed by PRIYANKA VERMA Date: 2025.08.14 17:49:14 +0530

ACQA No. 133 of 2020

1 - Abhishek Singh S/o Shri Pursotam Singh Kshatriya Aged About 40 Years R/o Purani Basti, Ward No. 17, Akaltara, Police Station - Akaltara, District - Janjgir-Champa Chhattisgarh

... Appellant

versus

1 - Ravishankar Marawi S/o Shri Ratan Singh Marawi Aged About 30 Years R/o Taraud, Tahsil And Police Station - Akaltara, District - JanjgirChampa Chhattisgarh

... Respondent

For Appellant : Mr. S.K. Puria appears on behalf of Mr. S.P. Kale, Advocate For Respondent : Mr. Ashutosh Trivedi, Advocate

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

14/08/2025

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 11.10.2019

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passed by the Judicial Magistrate First Class, Akaltara, District JanjgirChampa (C.G.) in Complaint Case No.266/2017, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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. He submits that the Appeal may be disposed of reserving liberty so as to avail the said remedy.

3. Counsel for the other side would not oppose the aforesaid prayer.

4. 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.

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

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

7. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Judge

Avinash/Priyanka