Disposed¶20

Manish Kumar Jain v. Nanu @ Avtar Singh Saini

Chhattisgarh HC7 Oct 2025ACQA/4/2025

Case brief

AI extract

What is this about?

ACQA No. 4 of 2025; High Court of Chhattisgarh at Bilaspur; Sanjay Kumar Jaiswal, J.; acquittal appeal; Section 138 NI Act; Section 419(4) BNSS 2023; Section 413 BNSS; proviso Section 372 CrPC; victim Section 2(wa) CrPC / Section 2(y) BNSS; Celestium Financial vs A. Gnanasekaran, 2025 INSC 804; liberty to file appeal within 60 days; limitation not to be insisted; JMFC Durg; RCC/2207/2018; judgment dated 14.08.2024; disposed 08/10/2025.

What did the court decide?

Appeal disposed of reserving liberty to the appellant to file an appeal before the appropriate Court within 60 days, with limitation not to be insisted upon if filed within that period; Registry to return the certified copy of the impugned judgment/order and documents to counsel after retaining photocopy, and to send the record back to the concerned Court. ¶20

Manish Kumar Jain Vs Nanu @ Avtar Singh Saini — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in light of the law declared in Celestium Financial (complainant under Section 138 NI Act is a victim entitled to appeal under proviso to S. 372 Cr.P.C./S. 413 BNSS), the present acquittal appeal under S. 419(4) BNSS should be disposed of with liberty to the appellant to pursue the appropriate appellate remedy.

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Court's answer

Considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of reserving liberty in favour of the appellant to file an appeal before the appropriate Court within 60 days from this order, in accordance with law.

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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 and would decide the appeal in accordance with law.

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Detailed headnote1 paragraphs

Acquittal appeal (ACQA No. 4 of 2025) under Section 419(4) of the BNSS, 2023 by complainant Manish Kumar Jain against judgment dated 14.08.2024 of the JMFC, Durg in Criminal Case No. RCC/2207/2018 acquitting Nanu @ Avtar Singh Saini under Section 138 of the N.I. Act. Relying on the Supreme Court's ruling in M/s. Celestium Financial Vs. A. Gnanasekaran (2025 INSC 804) — that a Section 138 complainant is a 'victim' under Section 2(wa) Cr.P.C./Section 2(y) BNSS and may appeal under the proviso to Section 372 Cr.P.C./Section 413 BNSS — the High Court (Sanjay Kumar Jaiswal, J.), at the appellant's request, disposed of the appeal on 08/10/2025 reserving liberty to file an appeal before the appropriate Court within 60 days, directing that limitation not be insisted upon if filed within that time, and ordering return of certified copies and the record.

2025:CGHC:50206

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 4 of 2025

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Manish Kumar Jain S/o Late Prakash Chandra Jain Aged About 43 Years R/o Lig - 601 Padmanabhpur, Durg, District Durg Chhattisgarh.

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... Appellant

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versus

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Nanu @ Avtar Singh Saini S/o Late Dilip Singh Saini Aged About 53 Years R/o In Front Of Nirankari Bhawan Deepak Nagar, Durg, District Durg Chhattisgarh.

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... Respondent

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For Appellant : Ms. Seema Verma, Advocate appears on behalf of Mr. Jitendra Shukla, Advocate For Respondent : Not noticed

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Judgment on Board

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08/10/2025

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1. This acquittal appeal U/s 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed against the judgment dated 14.08.2024 passed by the learned Judicial Magistrate First Class, Durg, District Durg (C.G.) in Criminal Case No. RCC/2207/2018 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act.

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2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a complaint filed

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Digitally signed by BHUMIKA BHUMIKA ANGARE ANGARE Date: 2025.10.09 17:26:25 +0530

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under Section 138 of the Act of 1881 is also a victim as defined in Section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under Section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to Section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

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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 60 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/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

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5. Registry shall send back the record to the concerned Court.

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Sd/(Sanjay Kumar Jaiswal) Judge

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Bhumika

Manish Kumar Jain v. Nanu @ Avtar Singh Saini

Case brief

What is this about?

What did the court decide?

Manish Kumar Jain v. Nanu @ Avtar Singh Saini

Case brief

What is this about?

What did the court decide?

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What the court decided

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