Pandit Vinod Chaturvedi Vs Shailesh Songade — Cheque Dishonour | Chhattisgarh HC (2025)

Pandit Vinod Chaturvedi Vs Shailesh Songade — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of with liberty reserved to the appellant to file an appeal against the acquittal within 45 days from the date of the order before the appropriate Court; the concerned Court directed not to insist upon limitation if the appeal is filed within that period; Registry directed to return certified copies of the order/judgment and documents and to send back the record to the concerned Court.

Issue for consideration

Whether the acquittal appeal should be disposed of reserving liberty to the appellant to pursue the remedy of appeal against acquittal available under the proviso to Section 372 Cr.P.C. in light of the law declared in Celestium Financial.

Court's answer

In view of the appellant's submission and the law declared in Celestium Financial, the acquittal appeal stands disposed of reserving liberty to the appellant to file an appeal within a period of 45 days from the date of this 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 fixed by this Court, that Court would not insist upon limitation while deciding the same and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA) arising from acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (RCC No.3453/2014, Judicial Magistrate First Class, Durg, judgment dated 25.09.2019). At the outset, learned counsel for the appellant invoked the judgment dated 08.04.2025 of the Hon'ble Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, wherein the right to file an appeal under the proviso to Section 372 Cr.P.C. against an order of acquitting the accused was discussed. Accepting the submission and considering the law declared therein, the Single Bench (Hon'ble Shri Justice Deepak Kumar Tiwari) disposed of the appeal, reserving liberty to the appellant to file an appeal within 45 days from the date of the order before the appropriate Court, and clarified that if such appeal is filed within the time given, the concerned Court would not insist upon limitation and would decide it in accordance with law. Registry directed to return the certified copy of the order/judgment and relevant documents to counsel and to send back the record to the concerned Court.

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Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.08.05 17:06:39 +0530

2025:CGHC:38585

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 17 of 2020

Pandit Vinod Chaturvedi S/o Late Ramji Choubey Aged About 33 Years R/o Jeevan Jyotish Bhawan, House No. 1299, Kohka, Main Road Shanti Nagar, Police Station Supela, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh

... Appellant.

versus

Shailesh Songade S/o Shri Chaitram Songade R/o House No. 279, Sadak No. 04, Shanti Nagar, Police Station Supela, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh

... Respondent.

For Appellant : Mr. Rohan Kumbhare, Adv on behalf of Mr. T. K. Jha, Adv

SB : Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment on Board

05.08.2025

The appellant has filed this acquittal appeal against the judgment of acquittal dated 25.09.2019 passed by the Judicial Magistrate First Class, Durg in RCC No.3453/2014, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “ the NI Act ”).

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

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Court to which an appeal ordinarily lies against the order of conviction of such Court. He submits that the case may be disposed of reserving liberty so as to avail the said remedy.

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 the date of 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 order/judgment and relevant documents to counsel for the appellant after retaining its photocopy.

Registry shall send back the record to the concerned Court.

Accordingly, the appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay