Vijendra Dewangan Vs Deepchand Lodhi — Cheque Dishonour | Chhattisgarh HC (2025)

Vijendra Dewangan Vs Deepchand Lodhi — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days before the appropriate Court in accordance with law; 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 judgment and relevant documents to counsel for the appellant and to send back the record to the concerned Court.

Issue for consideration

Whether the acquittal appeal preferred under Section 378(4) Cr.P.C. is the appropriate course, given the ruling in Celestium Financial that the victim may appeal against acquittal under the proviso to Section 372 Cr.P.C., and whether the appeal should be disposed of reserving liberty to avail that remedy.

Court's answer

Considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of, reserving liberty to the appellant to file an appeal within 45 days from this order before the appropriate Court, in accordance with law.

Ratio / Principle

If the appellant files such an appeal before the concerned Court within the time given by this Court, that Court will not insist upon limitation and will decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal (ACQA No. 25 of 2019) under Section 378(4) of the Criminal Procedure Code, 1973 by the appellant against the judgment dated 27.06.2018 of the Judicial Magistrate First Class, Rajnandgaon in Criminal Complaint Case No.2612/2015, whereby the respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. Acting on counsel's submission and the law declared in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (Supreme Court, 08.04.2025) — wherein, as recorded, the victim's right to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C. before the court to which an appeal ordinarily lies against conviction was recognised — the High Court disposed of the appeal, reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, and directed that the concerned Court would not insist upon limitation if the appeal is filed within that period. Registry directed to return certified copies to counsel and send the record back to the concerned Court.

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2025:CGHC:41518

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

PRIYANKA VERMA

ACQA No. 25 of 2019

Digitally signed by PRIYANKA VERMA Date: 2025.08.19 10:22:33 +0530

1 - Vijendra Dewangan S/o Suresh Dewangan Aged About 28 Years Ward No. -2, Bajrangpur, navagaon, shankarnagar, tahsil And District Rajnandgoan Chhattisgarh

... Appellant

versus

1 - Deepchand Lodhi S/o Pratapram Lodhi Aged About 26 Years R/o Village Bijnapur, post Mohara (Mudiya), tahsil And District Rajnandgaon Chhattisgarh

... Respondent

For Appellant : Mr. Hemant Gupta, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

18/08/2025

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 27.06.2018 passed by the Judicial Magistrate First Class, Rajnandgaon in Criminal Complaint Case No.2612/2015, 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. He submits that the Appeal 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 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.

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

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

6. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Priyanka Judge