Raj Advertiser Vs Vikash Chandra Basak — Cheque Dishonour | Chhattisgarh HC (2025)

Raj Advertiser Vs Vikash Chandra Basak — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days before the appropriate Court in accordance with law (per Celestium Financial, supra), with a direction that limitation shall not be insisted upon if the appeal is filed within that period; Registry to return certified copy of judgment and documents and send back the record.

Issue for consideration

Whether, in light of the law declared in Celestium Financial (2025 INSC 804) on the victim's right of appeal against acquittal under proviso to Section 372 Cr.P.C., the complainant-appellant's acquittal appeal under Section 378(4) Cr.P.C. should be disposed of reserving liberty to avail that remedy.

Court's answer

In view of the counsel's submission 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 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 45-day period given by this Court, that Court would not insist upon limitation and will proceed to decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA) by complainant under Section 378(4) Cr.P.C. against acquittal of accused under Section 138 of the Negotiable Instruments Act, 1881 (JMFC Raipur, Complaint Case No.301/2016, judgment dated 13.01.2020) — disposed of reserving liberty. Relying on the law declared in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (Supreme Court, 08.04.2025) that the victim has a right to prefer an appeal against an order acquitting the accused under proviso to Section 372 Cr.P.C., the High Court disposed of the appeal, permitting 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 given, limitation would not be insisted upon and the appeal would be decided in accordance with law. Registry directed to return certified copy of judgment and relevant documents and to send back the record.

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2025:CGHC:41356

NAFR

PRIYANKA VERMA

HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally signed by PRIYANKA VERMA Date: 2025.08.19 10:18:20 +0530

ACQA No. 137 of 2020

1 - Raj Advertiser Proprietor, Rakesh Jain Son Of Late Deepchand Jain, R/o- 33 Muskan Residency Lalpur, District Raipur, C.G. (Complainant)

... Appellant

versus

1 - Vikash Chandra Basak Through- Roop Shri Beauti Parlor, R/o LIG122, Hudco Colony, Durg, District Durg, C.G. (Accused)

... Respondent

For Appellant : Mr. Shikhar Sharma, Advocate

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

18/08/2025

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 13.01.2020 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.301/2016, 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. He submits that the Appeal 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 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.

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

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

6. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Priyanka Judge