Jogendra Mandal Vs Arun Paik — Cheque Dishonour | Chhattisgarh HC (2025)

Jogendra Mandal Vs Arun Paik — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal before the appropriate Court within 45 days from the order, with a direction that limitation will not be insisted upon for such an appeal if filed within that period; Registry directed to return the certified copy of the judgment and documents to counsel and to send back the record to the concerned Court.

Issue for consideration

Whether, in light of the law declared by the Supreme Court in Celestium Financial regarding the right to appeal under the proviso to Section 372 Cr.P.C., the acquittal appeal should be disposed of reserving liberty to the appellant to avail that remedy.

Court's answer

In view of the submission of counsel and considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from 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 time given (45 days), that Court would not insist upon limitation while deciding the appeal and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA No. 300 of 2019) preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 27.02.2019 of the Judicial Magistrate First Class, Pakhanjore, in Complaint Case No.101/18 acquitting the respondent of the charge under Section 138 of the Negotiable Instruments Act, 1881. Counsel for the appellant submitted that, following the Supreme Court's judgment dated 08.04.2025 in Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804, discussing the right to file appeal under the proviso to Section 372 Cr.P.C., the appeal may be disposed of reserving liberty to avail that remedy; counsel for the respondent did not oppose. Considering the law declared in Celestium Financial (supra), the Court disposed of the appeal, reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, clarifying that limitation would not be insisted upon for such appeal. Registry was directed to return the certified copy and documents to counsel and to send back the record to the concerned Court.

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2025:CGHC:39841

NAFR

PRIYANKA VERMA

HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally signed by PRIYANKA VERMA Date: 2025.08.08 17:52:03 +0530

ACQA No. 300 of 2019

1 - Jogendra Mandal S/o Prankrishna Mandal Aged About 47 Years, S/o Prankrishna Mandal, R/o Village- P.V. 19, Thana- Pakhanjore, DistrictU.B. Kanker, Chhattisgarh

... Appellant

versus

1 - Arun Paik S/o Kaviraj Raik R/o Village- Chote Kapsi, Post- Kapsi, Thana- Pakhanjore, District- U.B. Kanker, Chhattisgarh

... Respondent

For Appellant : Mr. Parag Kotecha, Advocate For Respondent : Mr. Amit Kumar Sahu, Advocate

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

08/08/2025

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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 27.02.2019 passed by the Judicial Magistrate First Class, Pakhanjore, District Uttar Bastar Kanker in Complaint Case No.101/18, 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.

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5. Registry shall return the certified copy of the judgment and relevant

documents to counsel for the appellant after retaining its photocopy.

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

7. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Judge

Priyanka