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

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

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn, with liberty to the appellant to prefer an appeal against the acquittal dated 17/03/2023 before the concerned Sessions Judge under proviso to Section 372 CrPC (corresponding to Section 413 BNSS 2023) within 30 days of receipt of the order copy, with a direction that limitation shall not be insisted upon if the appeal is filed within that period.

Issue for consideration

Whether the appellant/complainant may be permitted to withdraw this appeal under Section 378(4) CrPC against the acquittal under Section 138 NI Act, with liberty to prefer an appeal before the concerned Sessions Judge under proviso to Section 372 CrPC (corresponding to Section 413 BNSS 2023), with limitation not coming in the way.

Court's answer

Considering the law declared by the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran (2025 INSC 804), the Court permitted the appellant to withdraw the present appeal with liberty to prefer an appeal against the impugned acquittal judgment dated 17/03/2023 in Criminal Case No.415/2019 before the concerned Sessions Judge within 30 days from receipt of a copy of this order.

Ratio / Principle

If such an appeal is preferred before the concerned Sessions Judge within the time given by this Court, the Sessions Judge would not insist upon limitation while deciding it and will proceed to decide it in accordance with law.

Key takeaways

The Registry shall return the certified copy of the impugned judgment and relevant documents to counsel for the appellant after retaining a photocopy, and shall remit the record to the concerned Court forthwith.obiter¶22

Detailed headnote1 paragraphs

Criminal appeal under S. 378(4) CrPC by complainant against acquittal under S. 138 NI Act — relying on M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 (SC, 08/04/2025), the High Court permitted the appellant to withdraw the appeal with liberty to prefer an appeal against the acquittal (CJM Dhamtari, Criminal Case No.415/2019, judgment dated 17/03/2023) before the concerned Sessions Judge under proviso to S. 372 CrPC, corresponding to S. 413 BNSS 2023, within 30 days; if filed within that time, limitation shall not be insisted upon. Registry directed to return certified copies and remit record. Appeal disposed of.

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2025:CGHC:39837

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 140 of 2023

Bhanupratap Sahu, S/o Shri Makhan Lal Sahu, Aged About 33 Years, R/o Village Baanspara Kukrel, Police Station Keregaon, Tahsil Nagari, District : Dhamtari, (C.G.)

... Appellant

versus

Mohit Kumar Dewangan, S/o Shri Kunjlal Nishad, Aged About 30 Years, R/o Sakin Village Saloni, Police Statation Keregaon Tahsil Nagari, District : Dhamtari, (C.G.)

... Respondent

For Appellant : Ms. A. Sandhya Rao, Advocate. For Respondent : None.

S.B: Hon'ble Shri Justice Sanjay S. Agrawal

Judgment on Board

08/08/2025

NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate:2025.08.0817:30:04 +0530

1 ) This appeal has been preferred by the appellant/complainant under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 17/03/2023 passed by the Chief Judicial Magistrate Dhamtari, District Dhamtari (C.G.) in Criminal Case No.415/2019, whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instrument Act, 1881.

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2 ) At the outset, learned counsel appearing for the appellant submits that recently in the judgment dated 08/04/2025 rendered by Hon’ble Supreme Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 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 for the appellant submits further that the Supreme Court in the said matter has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the provisions of Section 372 of the Cr.P.C, and, therefore, in the instant case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Judge under proviso to Section 372 Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She further submits that the limitation may not come in the way while deciding the appeal on its merits.

3 ) In the light of the submissions made herein-above and considering the law declared by the Supreme Court in the said matter, this Court is inclined to permit the appellant to withdraw this appeal by granting him liberty to prefer the appeal against the impugned judgment dated 17/03/2023 passed by the Chief Judicial Magistrate Dhamtari, District Dhamtari (C.G.) in Criminal Case No.415/2019, before the concerned Sessions Judge within a period of 30 days from the date of receipt of copy of this order. Order accordingly.

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4 ) It is clarified that if such an appeal is preferred before the concerned Session Judge 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 impugned judgment and relevant documents to counsel for the appellant after retaining the photocopy of the same and, shall remit the record to the concerned Court forthwith.

6 ) Accordingly, the appeal is disposed of.

Sd/-

( Sanjay S. Agrawal ) JUDGE

Kamde