Aarifa Khan Vs Sheikh Shahid — Cheque Dishonour | Chhattisgarh HC (2025)

Aarifa Khan Vs Sheikh Shahid — 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 within 45 days before the appropriate Court under proviso to Section 372 Cr.P.C. per Celestium Financial; limitation not to be insisted upon if filed within that time; Registry directed to return the certified copy of the impugned judgment and documents to counsel and to send the record back to the concerned Court.

Issue for consideration

Whether, in view of the law declared in Celestium Financial (that the victim has a right to prefer an appeal against an order of acquittal under proviso to Section 372 Cr.P.C.), this acquittal appeal under Section 378(4) Cr.P.C. should be disposed of reserving liberty to the appellant to avail that remedy.

Court's answer

Considering the law declared in Celestium Financial (supra), the 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.

Ratio / Principle

If such an appeal is filed before the concerned Court within the time given 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 No. 3 of 2020) under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 02.07.2019 of the Judicial Magistrate First Class, Durg in Complaint Case No.3309/2015 acquitting the respondent of the charge under Section 138 of the Negotiable Instruments Act, 1881. On the strength of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, wherein the Supreme Court recognised the victim's right to prefer an appeal against acquittal under proviso to Section 372 Cr.P.C., the appeal was disposed of reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, with a clarification that limitation shall not be insisted upon if the appeal is filed within the time granted. Registry directed to return the certified copy of the impugned judgment and relevant documents to counsel and to send the record back to the concerned Court.

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2025:CGHC:46208

NAFR

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.09.11 10:25:40 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 3 of 2020

1 - Aarifa Khan W/o Moh. Khalil Aged About 42 Years R/o Sundar Nagar, Kohka Bhilai, Police Station Supela, Bhilai , District Durg Chhattisgarh

... Appellant

versus

1 - Sheikh Shahid S/o N.A. Khan Aged About 31 Years R/o Mig/806, Hudco, Bhilai, Police Station Supela, Bhilai , District Durg Chhattisgarh., District : Durg, Chhattisgarh

... Respondent

For Appellant	:	Ms. G. Shivangi, Advocate appears on behalf
		of Mr. Samsuddin Mirza, Advocate
For Respondent	:	None

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

10/09/2025

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1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 02.07.2019 passed by the Judicial Magistrate First Class, Durg in Complaint Case No.3309/2015, whereby, the respondent/accused has been 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 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 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.

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4. Registry shall return the certified copy of the impugned 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)

Judge

Priyanka