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Sushil Kumar Sahu Vs Smt. Ful Bai Deep — Cheque Dishonour | Chhattisgarh HC (2025)

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Chhattisgarh HC
2025
Sushil Kumar Sahu Vs Smt. Ful Bai DeepSushil Kumar Sahu v. Smt. Ful Bai Deep

Disposed¶¶23

Sushil Kumar Sahu v. Smt. Ful Bai Deep

Chhattisgarh HC12 Aug 2025ACQA/214/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; ACQA No. 214 of 2019; decided 13.08.2025 by Deepak Kumar Tiwari, J. (Single Bench). Complainant Sushil Kumar Sahu's appeal against acquittal of accused Smt. Ful Bai Deep under Section 138 NI Act (Criminal Complaint Case No.2417/2015, JMFC Raipur, acquittal dated 25.01.2019). Disposed of relying on Supreme Court decision in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 on proviso to Section 372 Cr.P.C.; liberty to file appeal within 45 days, limitation not to be pressed. Keywords: NI Act Section 138; acquittal appeal; proviso to Section 372 Cr.P.C.; Celestium Financial; 2025 INSC 804; liberty 45 days.

What did the court decide?

Liberty reserved to the appellant to file an appeal within 45 days from the date of this order before the appropriate Court; limitation not to be insisted upon if the appeal is filed within that time; Registry to return certified copies and send back the record.

Why is it important?

Considering the submission of learned counsel and the law declared in 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. ¶¶20

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days from the date of this order before the appropriate Court; limitation not to be insisted upon if the appeal is filed within that time; Registry to return certified copies and send back the record.

Issue for consideration

Whether, in view of the law declared in Celestium Financial regarding the right to appeal against acquittal under the proviso to Section 372 Cr.P.C., the complainant-appellant's acquittal appeal should be disposed of reserving liberty to avail the appropriate appellate remedy.

Court's answer

Considering the submission of learned counsel and the law declared in 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.

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 the limitation while deciding the same and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA) by complainant against judgment of acquittal dated 25.01.2019 of the JMFC, Raipur in Criminal Complaint Case No.2417/2015 under Section 138 of the Negotiable Instruments Act, 1881. On the strength of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (judgment dated 08.04.2025), discussing the right to appeal against acquittal under the proviso to Section 372 Cr.P.C., the High Court disposed of the appeal without adjudicating its merits, reserving liberty to the appellant to file an appeal before the appropriate Court within 45 days, with a direction that limitation would not be insisted upon if the appeal is filed within that period. Registry directed to return certified copies and send back the record.

A

1

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: 2025.08.13 16:52:35 +0530

2025:CGHC:40698

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 214 of 2019

Sushil Kumar Sahu S/o Late Shri B.L. Sahu Aged About 43 Years R/o Chunabhatti, Raman Mandir, Ward No. 21, Beside Under Bridge, Police Station Ganj, Raipur, Tahsil And District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

... Appellant.

versus

Smt. Ful Bai Deep W/o Shankar Deep Aged About 43 Years R/o Pandri Tarai, Gandhi Ward No. 25, Near Mahamaya Mandir, Behind Madhupille School, Police Station Pandri (Mova) Raipur, Tahsil And District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

... Respondent.

For Appellant : Mr. Rekhraj Baghel, Advocate. For Respondent : None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment on Board

13.08.2025

The appellant has filed this acquittal appeal against the judgment of acquittal dated 25.01.2019 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.2417/2015, 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,

2

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. 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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether, in view of the law declared in Celestium Financial regarding the right to appeal against acquittal under the proviso to Section 372 Cr.P.C., the complainant-appellant's acquittal appeal should be disposed of reserving liberty to avail the appropriate appellate remedy.medium confidence¶¶19
The court held
Considering the submission of learned counsel and the law declared in 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.ratio¶¶20

Cases cited

Colour shows how this judgement treated each authority

AI extract

Celestium Financial vs. A. Gnanasekaran Etc.Relied on¶¶17
Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 · Who else cites this

Statutes considered

2 provisions across 2 enactments

AI extract

Negotiable Instruments Act, 1881138¶¶16
Cr.P.C.372¶¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment of acquittal dated 25.01.2019 acquitting the respondent/accused of the charge under Section 138 of the Negotiable Instruments Act, 1881.¶¶16
Judicial Magistrate First Class, Raipur · 25.01.2019
Prior proceeding
Criminal Complaint Case No.2417/2015 before the Judicial Magistrate First Class, Raipur, ended in acquittal of the respondent/accused under Section 138 NI Act by judgment dated 25.01.2019; the complainant filed the present acquittal appeal.¶¶16

Parties & counsel

AI extract

appellant
Sushil Kumar Sahu S/o Late Shri B.L. Sahu¶¶7
Rekhraj Baghel
respondent
Smt. Ful Bai Deep W/o Shankar Deep¶¶10

Coram

AI extract

Deepak Kumar Tiwariauthor¶¶13

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 12 Aug 2025 · August
Registered: 2 Mar 2019
Case no.: ACQA/214/2019
CNR: CGHC010079352019
Topic: Cheque Dishonour
Bench: Deepak Kumar Tiwari
Disposal: DISPOSED OFF
Case type: ACQA

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Cite this judgement

Sushil Kumar Sahu v. Smt. Ful Bai Deep, ACQA/214/2019 (CG), decided on 12 August 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Celestium Financial vs. A. Gnanasekaran Etc.Relied on¶¶17

Open Authorities

Statutes2

Negotiable Instruments Act, 1881138
Cr.P.C.372

View all statutes

Procedural history2

Judgment of acquittal dated 25.01.2019 acquitting the respondent/accused of the charge under Section 138 of the Negotiable Instruments Act, 1881.Judicial Magistrate First Class, Raipur · 25.01.2019
Criminal Complaint Case No.2417/2015 before the Judicial Magistrate First Class, Raipur, ended in acquittal of the respondent/accused under Section 138 NI Act by judgment dated 25.01.2019; the complainant filed the present acquittal appeal.

View full history

Bench / Coram

Deepak Kumar Tiwari

Parties & counsel