Firm Ajay Agency Vs Dipti Builders and Colonizer — Cheque Dishonour | Chhattisgarh HC (2025)

Firm Ajay Agency Vs Dipti Builders and Colonizer — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of with liberty reserved to the appellant to file an appeal within 45 days from the date of the order before the appropriate Court; the concerned Court not to insist upon limitation if the appeal is filed within that period. Registry directed to return the certified copy of the order/judgment and relevant documents to counsel for the appellant and to send back the record to the concerned Court.

Issue for consideration

Whether, in view of the law declared in Celestium Financial (2025 INSC 804) on the right to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C., this acquittal appeal should be disposed of reserving liberty to the complainant/appellant to pursue the appropriate appellate remedy.

Court's answer

Considering the law declared in Celestium Financial, the acquittal appeal stands disposed of reserving liberty to the appellant to file an appeal within a period of 45 days from the date of 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 45-day period granted by this Court, that Court would not insist upon limitation while deciding the same and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Negotiable Instruments Act, 1881 — S.138 — acquittal appeal by complainant — disposed of with liberty. Relying on the law declared in Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 (judgment dated 08.04.2025) that the victim has a right to prefer an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C., the High Court disposed of the acquittal appeal reserving liberty to the appellant to file an appeal within 45 days from the date of the order before the appropriate Court, and made clear that if such appeal is filed within the time granted, the concerned Court would not insist upon limitation and would decide it in accordance with law. Registry directed to return the certified copy and documents to counsel for the appellant and to send the record back to the concerned Court.

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2025:CGHC:45278

NAFR

Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.04 17:42:30 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 244 of 2024

Firm Ajay Agency Through Proprietor, Sanjay Agrawal, S/o Shri Kapurchand Agrawal, Aged About 51 Years, R/o Main Road Janjgir, District Janjgir- Champa, (C.G.),.... (Complainant)

... Appellant.

versus

Dipti Builders And Colonizer Through Smt. Parvati Banjare, W/o Shri Dhaniram Banjare, Proprietor, Dipti Builders And Colonizer, R/o Hasdev Vihar, Ward No. 18. Janjgir, District Janjgir- Champa, (C.G.),...(Accused)

... Respondent.

For Appellant : Mr. Shushobhit Singh, Advocate. For Respondent : Mr. Akhand Pratap, Advocate.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment on Board

04.09.2025

The appellant has filed this acquittal appeal against the judgment of acquittal dated 25.09.2023 passed by the Judicial Magistrate First Class, Janjgir, District Janjgir-Champa in Complaint Case No.56/2019, 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,

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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.

Learned counsel for the respondent would not oppose the aforesaid submission.

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