Disposed¶25

Smt. Kirti Kurian v. Ajay Singh

Chhattisgarh HC11 Aug 2025ACQA/227/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; ACQA No. 227 of 2019; acquittal appeal by complainant under S. 378(4) Cr.P.C.; acquittal under S. 138 NI Act by CJM Korba in Complaint Case No.388/14; Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804; proviso to S. 372 Cr.P.C.; appeal disposed of with liberty to file within 45 days; limitation not to be insisted upon; Justice Deepak Kumar Tiwari; decided 12/08/2025.

What did the court decide?

Liberty reserved to the appellant to file an appeal against acquittal before the appropriate Court within 45 days, with a direction that limitation shall not be insisted upon if filed within that period; Registry directed to return the certified copy of the judgment and documents and to send the record back to the concerned Court. ¶25

Smt. Kirti Kurian Vs Ajay Singh — Cheque Dishonour | Chhattisgarh HC (2025)

2025:CGHC:40475

NAFR

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.08.12 17:27:32 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 227 of 2019

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1 - Smt. Kirti Kurian W/o Shri Rajji Kurian Aged About 46 Years Through The Power Of Attorney Holder Rajji Kurian S/o Shri Thaomas Kurian, Aged About 47 Years, R/o E W S 188, M.P. Nagar, Korba, Tahsil And District- Korba, Chhattisgarh

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...Appellant

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versus

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1 - Ajay Singh S/o Late Ram Udar Singh Aged About 40 Years R/o Qt. No. M I G 11/10, Koshabadi, Infront Of Dr. Banchhor (Navjeevan Clinic), Koshabadi, Korba, Tahsil And District Korba, Chhattisgarh. At Present R/o Future Colony, Gharshiva, Raipur, Tahsil And District Raipur, Chhattisgarh

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... Respondent

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For Appellant : Ms. Anjana Bajpai appears on behalf of Mr. Abhijeet Sarkar, Advocate

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Judgment On Board

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12/08/2025

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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 11.04.2016

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passed by the Chief Judicial Magistrate, Korba, District Korba in Criminal Complaint Case No.388/14, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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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. She submits that the Appeal 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 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 judgment and relevant documents to counsel for the appellant after retaining its photocopy.

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

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6. Accordingly, the Appeal is disposed of .

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Sd/-

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(Deepak Kumar Tiwari)

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