Disposed

Keshav Nandan v. Nakul Das Manikpuri

Chhattisgarh HC12 Aug 2025ACQA/8/2023

Case brief

AI extract

What is this about?

Complainant's appeal against acquittal in a cheque dishonour case was permitted to be withdrawn with liberty to prefer a fresh appeal before the Sessions Judge under proviso to Section 372 Cr.P.C., following Celestium Financial; limitation was relaxed.

What did the court decide?

Appeal withdrawn with liberty to file fresh appeal before Sessions Judge within 30 days; limitation not to bar its decision.

Keshav Nandan Vs Nakul Das Manikpuri — Cheque Dishonour | Chhattisgarh HC (2025)

2025:CGHC:40918

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No.8 of 2023

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Keshav Nandan S/o Late Radhelal Tiwari Aged About 54 Years R/o Umda Road, Behind Aishwarya Gas Agency, North Vasundhara Nagar, Bhilai -3, District Durg (C.G.)

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... Appellant/Complainant

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versus

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Nakul Das Manikpuri S/o Punni Das Manikpuri, Aged About 45 Years R/o Near Pond, Vishva Bank Colony, Bhilai-3, Police Station Purani Bhilai, District Durg (C.G.)

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... Respondent/Accused For Appellant : Shri Tarun Dadsena, Advocate appears on behalf of Shri Manish Upadhyay, learned counsel For Respondent(s) : None

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Single Bench: Hon'ble Shri Justic e Sanjay S. Agrawal

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Judgment on Board

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13/08/2025

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SATISH TUMANE

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Digitally signed by SATISH TUMANE Date: 2025.08.14 10:56:20 +0530

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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 14.11.2022 passed by the Judicial Magistrate First Class, Bhilai-3, District Durg (CG) in Complaint Case No.893/2018, 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. He further submits that the limitation may not come in the way while deciding the appeal on its merits.

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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 14.11.2022 passed by the Judicial Magistrate First Class, Bhilai-3, District Durg (CG) in Complaint Case No.893/2018,

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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.

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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.

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6 ) Accordingly, the appeal is disposed of.

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SD/- ( Sanjay S. Agrawal ) JUDGE

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Tumane

Keshav Nandan v. Nakul Das Manikpuri

Case brief

What is this about?

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Keshav Nandan v. Nakul Das Manikpuri

Case brief

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