Smt. Jeeteshwari Daga (Died Through Lrs) v. Alekh Kumar Sahu
Case brief
What is this about?
Chhattisgarh High Court (Bilaspur), ACQA No. 383 of 2019, decided 03/09/2025 by Justice Deepak Kumar Tiwari. Complainant's acquittal appeal under S.378(4) CrPC against JMFC Raipur acquittal under S.138 NI Act in Complaint Case No.7760/2014. Relying on Celestium Financial v. A. Gnanasekaran Etc., 2025 INSC 804 (SC, 08.04.2025) on the victim's right of appeal under proviso to S.372 CrPC, the Court disposed of the appeal reserving liberty to file the appeal within 45 days before the appropriate Court, directing that limitation not be insisted upon if filed within time. Appellants: Jeeteshwari Daga (died, through LRs), Kamal Kishor Daga, Aditya Daga; Respondent: Alekh Kumar Sahu; Counsel: Apoorva Nigam for Priyank Rathi.
What did the court decide?
Liberty reserved to the appellants to file an appeal within 45 days from the order before the appropriate Court in accordance with law; if filed within that time, the concerned Court is not to insist upon limitation and is to decide the appeal in accordance with law; Registry to return certified copy of the impugned judgment and documents to counsel for the appellants and send back the record to the concerned Court.