Appeal against acquittal under Sec 138 NI Act disposed on account of pending Supreme Court precedent in Celestium Financial regarding complainant status. Liberty reserved to file appeal.
Appeal disposed with liberty to file appeal within 60 days; limitation will be overlooked if filed timely.
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2025:CGHC:45926
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 139 of 2025
Domar Singh Verma S/o Late Jagannath Verma Aged About 80 Years R/o Kasaridih, Borsi Road, Durg, Behind Sahgal Garage, Ward No. 43, P.S. Padmanabhpur, Chowki And Post Office, Kasaridih, Durg, Tahsil and District Durg Chhattisgarh ... Appellant
versus
Mohd. Raja S/o Dubadin R/o LIG - 168, Bank of Railway Line, Panchshil Nagar (Colony), Borsi, P.S. Padmanabhpur, Durg, Tahsil and District Durg Chhattisgarh ... Respondent
For the petitioner : Mr. Santosh Kumar Chaturvedi, Advocate. For the Respondent :
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
09.09.2025
1. This acquittal appeal u/s 378(4) of CrPC read with Section 419(4) of BNSS 2023 has been filed against the judgment dated 27.11.2024 passed by the learned Judicial Magistrate First Class, Durg, District Durg (C.G.) in Complaint Case No. 2124/2019 whereby, respondent/accused was 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 the Supreme Court has rendered the decision in 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
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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 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 of appeal.
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 the date of receipt of a copy 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.
5. Registry shall send back the record to the concerned Court.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao
2 issues framed by the court
Whether an acquittal appeal in a cheque dishonour case is maintainable in light of the Supreme Court decision in M/s. Celestium Financial holding a complainant a victim.
Whether to dispose of the acquittal appeal reserving liberty for the appellant to file a direct appeal under Section 413 BNSS if and when such right crystallises.
Colour shows how this judgement treated each authority
M/s. Celestium Financial Vs. A. Gnanasekaran Etc.Relied on¶13
2025 INSC 804 · Who else cites this
Celestium FinancialRelied on¶16
(supra)
4 provisions across 2 enactments
Domar Singh Verma
Mohd. Raja
Sanjay Kumar Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
