Suman Tirkey Vs Shobhit Das Manikpuri — Cheque Dishonour | Chhattisgarh HC (2025)

Suman Tirkey Vs Shobhit Das Manikpuri — 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 before the appropriate Court within 45 days, without insistence on limitation if filed within that period; Registry directed to return the certified copy of the judgment and documents to counsel for the appellant and to send back the record to the concerned Court.

Issue for consideration

Whether the acquittal appeal preferred by the complainant under Section 378(4) CrPC may be disposed of reserving liberty to her to pursue the appeal remedy available to the victim under proviso to Section 372 CrPC in light of Celestium Financial (2025 INSC 804).

Court's answer

In view of counsel's submission and the law declared in Celestium Financial, the acquittal appeal stands disposed of, reserving liberty to the appellant to file an appeal within 45 days from the 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 shall not insist upon limitation and shall decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA No. 29 of 2020) filed by the complainant under Section 378(4) CrPC against the judgment dated 21.10.2019 of the Judicial Magistrate First Class, Ambikapur, acquitting the respondent/accused of the offence under Section 138 of the Negotiable Instruments Act, 1881 in Complaint Case No.1264/2018. Counsel for the appellant relied on Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 (Supreme Court, 08.04.2025), wherein the victim's right to prefer an appeal against acquittal under proviso to Section 372 CrPC was recognised. Counsel for the respondent did not oppose. The High Court (Deepak Kumar Tiwari, J.), considering the law declared in Celestium Financial, disposed of the appeal reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, directing that limitation shall not be insisted upon if the appeal is filed within that period; the Registry was directed to return the certified copy and send back the record.

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2025:CGHC:40176

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.08.12 11:23:11 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 29 of 2020

1 - Suman Tirkey W/o Late Najaruv Tirkey Aged About 50 Years R/o Church Road, Nawapara, Tahsil Ambikapur, District Surguja Chhattisgarh

... Appellant

versus

1 - Shobhit Das Manikpuri S/o Hira Sai Manikpuri, Aged About 40 Years R/o Village Bakrima, Post Sukhri, District Surguja Chhattisgarh Present R/o Behind House Of Manipur Babu Sahu, Ambikapur, District Surguja Chhattisgarh

... Respondent

For Appellant : Mr. Mayank Gupta appears on behalf of Mr. Anurag Singh, Advocate For Respondent : Mr. Dev Ashish Biswas, Advocate

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

11/08/2025

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 21.10.2019 passed by the Judicial Magistrate First Class, Ambikapur, District

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Surguja in Complaint Case No.1264/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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. Counsel for the other side would not oppose the aforesaid prayer.

4. 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.

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

7. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Judge

Priyanka