Pragati Mahila Sahakari Bank Maryadit Vs a. Channeya — Cheque Dishonour | Chhattisgarh HC (2025)

Pragati Mahila Sahakari Bank Maryadit Vs a. Channeya — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Both acquittal appeals (ACQA Nos. 157 and 160 of 2020) disposed of, reserving liberty to the complainant-appellants to file an appeal within 45 days from the order before the appropriate Court in accordance with law; if filed within that period, the concerned Court is directed not to insist upon limitation; Registry to return certified copies/relevant documents to counsel for the appellants and send back records to the concerned Court.

Issue for consideration

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

Court's answer

In view of the submission of counsel for the appellants and considering the law declared in Celestium Financial (supra), the appeals stand disposed of reserving liberty in favour of the appellants.

Ratio / Principle

Liberty is reserved to the appellants to file an appeal within a period of 45 days from this order before the appropriate Court, in accordance with law.

Key takeaways

If such an appeal is filed before the concerned Court within the time given by this Court (45 days), that Court would not insist upon limitation while deciding the same and will proceed to decide it in accordance with law.ratio¶¶29
Registry directions: certified copy of the impugned judgment/order and relevant documents to be returned to counsel for the appellants (photocopy retained), and records to be sent back to the concerned Court.ratio¶¶30

Detailed headnote1 paragraphs

Acquittal Appeals (ACQA Nos. 157 & 160 of 2020) — filed by Pragati Mahila (Nagrik) Sahakari Bank Maryadit, Bhilai (complainant) against judgments dated 21.10.2019 (Complaint Case No.4678/2013) and 05.08.2019 (RCC No.4677/2013) of the Judicial Magistrate First Class, Durg acquitting A. Channeya of charges under Section 138 of the Negotiable Instruments Act, 1881 — disposed of by the High Court of Chhattisgarh at Bilaspur (Deepak Kumar Tiwari, J.) on 02/09/2025 without adjudicating merits. Relying on the Supreme Court's ruling in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (08.04.2025) that a victim has the right to prefer an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C., the Court reserved liberty to the appellants to file an appeal before the appropriate Court within 45 days, and made clear that if filed within that time, limitation would not be insisted upon. Registry directed to return the certified copy of the impugned judgments/documents and to send records back to the concerned Court.

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2025:CGHC:44516

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.02 16:55:53 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 157 of 2020

1 - Pragati Mahila Nagrik Sahakari Bank Maryadit, Shop No. 11, A Market, Sector - 2 Bhilai, Tahsil And District - Durg Chhattisgarh. (complainant).

--- Appellant.

versus

1 - A. Channeya S/o Chankesh, Aged About 41 Years R/o House No. 3 / 31, Bhilai Hotel Staff Quarters, Bhilai Tahsil And District - Durg Chhattisgarh. (accused).

--- Respondent(s)

ACQA No. 160 of 2020

1 - Pragati Mahila Sahakari Bank Maryadit Shop No. 11, A Market, Sector - 2 Bhilai, Tahsil And District Durg Chhattisgarh. (complainant).

--- Appellant.

Versus

1 - A. Channeya S/o Chankesh Aged About 41 Years R/o House No. 3/31, Bhilai Hotel Staff Quarters, Bhilai, Tahsil And District Durg Chhattisgarh. (accused).

--- Respondent(s)

For Appellant	: Ms. Vartika Shrivastava appears on behalf of Shri PR Patankar, Advocates.
For Respondent	: Shri KPS Gandhi, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

02/09/2025

Acquittal Appeal No.157 of 2020 has been filed against the judgment dated 21.10.2019 passed by the Judicial Magistrate First Class, Durg, C.G. in Complaint Case No.4678/2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

Acquittal Appeal No.160 of 2020 has been filed against the judgment dated 05.08.2019 passed by the Judicial Magistrate First Class, Durg, C.G. in RCC No.4677/2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

At the outset, learned counsel for the appellants 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

Counsel for the respondent would not oppose the aforesaid prayer.

In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), the Appeals stand disposed of

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reserving liberty in favour of the appellants 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.

Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellants after retaining the photocopy of the same.

Registry shall send back the records to the concerned Court.

Accordingly, the Appeals are disposed of .

Sd/- (Deepak Kumar Tiwari) Judge

Avinash