Niranjan Singh Vs Naushad Khan — Cheque Dishonour | Chhattisgarh HC (2025)

Niranjan Singh Vs Naushad Khan — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 60 days from this order before the appropriate Court in accordance with law, with assurance that the concerned Court would not insist upon limitation if the appeal is filed within that period; Registry directed to return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining photocopy, and the record to be sent back forthwith to the concerned Court.

Issue for consideration

Whether, in light of the Supreme Court's ruling in M/s. Celestium Financial (2025 INSC 804) that a complainant under Section 138 of the Act of 1881 is a 'victim' under Section 2(wa) Cr.P.C./Section 2(y) BNSS entitled to appeal under proviso to Section 372 Cr.P.C./Section 413 BNSS, this acquittal appeal under Section 419(4) BNSS should be disposed of reserving liberty to the appellant to avail that remedy.

Court's answer

In view of counsel's submission and the law declared in M/s. Celestium Financial (supra), the acquittal appeal is disposed of reserving liberty to the appellant to file an appeal within 60 days from the order before the appropriate Court, in accordance with law.

Ratio / Principle

If the appellant files such an appeal before the concerned Court within the 60-day period fixed by this Court, that Court will not insist upon limitation and will proceed to decide the matter in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA) under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the complainant against the judgment dated 11.09.2024 of the Judicial Magistrate First Class, Korba in Regular Criminal Case No.741/2014 (CIS No. 3008/2014), whereby the accused was acquitted of the charge under Section 138 of N.I. Act. Relying on the Supreme Court's ruling in M/s. Celestium Financial Vs. A. Gnanasekaran (2025 INSC 804) that a complainant in a Section 138 complaint is a 'victim' under Section 2(wa) Cr.P.C. (Section 2(y) BNSS) entitled to appeal under proviso to Section 372 Cr.P.C. (Section 413 BNSS), the High Court disposed of the appeal reserving liberty to the appellant to file an appropriate appeal within 60 days before the concerned Court, which was directed not to insist upon limitation if the appeal is filed within that period. Registry directed to return the certified copy of the impugned judgment and documents; record to be sent back to the concerned Court.

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Digitally signed by BHOLA BHOLANATH NATH KHATAI KHATAI Date:2025.09.19 10:23:40 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 5 of 2025

1 - Niranjan Singh S/o Shri Rambhajan Singh Aged About 39 Years (Now 49 Years), R/o Kanshinagar Korba, Tahsil And District - Korba (Chhattisgarh)

... Appellant

versus

1 - Nausad Khan S/o Muslim Khan Aged About 33 Years (Now 43 Years), R/o House No. D-101, Housing Board Colony Balco, Tahsil And District - Korba (Chhattisgarh), Present Address- Parsabhatha Near Kerla Hotel, Balco, Police Station- Balconagar, District- Korba Chhattisgarh

... Respondent

For Appellant : Mr. Kanhaiya Ram Yadav, Advocate, on behalf of Mr. Dharmesh Shrivastava, Adv. For Respondent : Mr. Virendra Vaishnav, Advocate, on behalf of Mr. Parag Kotecha, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

18/09/2025

1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the judgment dated 11.09.2024 passed by learned Judicial Magistrate First Class, Korba, District Korba (C.G.) in Regular Criminal Case No.741/2014 (CIS No. 3008/2014) whereby the respondent/accused has been acquitted of the charge under Section 138 of 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 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 of 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.

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 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 matter in accordance with law.

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

5. The record be sent back forthwith to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai