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Surjan Loan v. Smt. Nilima Shende

Chhattisgarh HC13 Aug 2025ACQA/396/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur — ACQA No. 396 of 2019 (acquittal appeal under S.378(4) CrPC) against JMFC Rajnandgaon acquittal dated 31.01.2019 under S.138 NI Act (Complaint Case No.2592/2017); disposed of with liberty to the appellant to appeal under the proviso to S.372 CrPC relying on Celestium Financial v. A. Gnanasekaran, 2025 INSC 804; 45-day window fixed and limitation not to be insisted upon; coram: Justice Deepak Kumar Tiwari; decided 14/08/2025.

What did the court decide?

Liberty reserved to the appellant to file an appeal within 45 days before the appropriate Court, with a direction that limitation shall not be insisted upon if the appeal is 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.

Surjan Loan Vs Smt. Nilima Shende — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in light of the law declared in Celestium Financial regarding the victim's right of appeal under the proviso to Section 372 CrPC, this acquittal appeal under Section 378(4) CrPC should be disposed of reserving liberty to the appellant to pursue that remedy.

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Court's answer

In view of the counsel's submission and considering the law declared in Celestium Financial (supra), the 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.

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Ratio / Principle

If such an appeal is filed before the concerned Court within the 45-day period given by this Court, that Court will not insist upon limitation and will proceed to decide the appeal in accordance with law.

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Detailed headnote1 paragraphs

Acquittal appeal (ACQA No. 396 of 2019) preferred under Section 378(4) of the Criminal Procedure Code, 1973 by the complainant-financier against the judgment dated 31.01.2019 of the Judicial Magistrate First Class, Rajnandgaon in Complaint Case No.2592/2017, whereby the respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. Acting on counsel's submission invoking Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 (Supreme Court, judgment dated 08.04.2025) on the victim's right of appeal under the proviso to Section 372 CrPC, and with the other side not opposing, the High Court disposed of the appeal, reserving liberty to file an appeal within 45 days before the appropriate Court, clarifying that limitation would not be insisted upon if the appeal is filed within that period; Registry directed to return the certified copy and documents to counsel and to send the record back to the concerned Court.

2025:CGHC:41137

NAFR

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.08.14 17:47:00 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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ACQA No. 396 of 2019

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1 - Surjan Loan (A Division Of M/s. Jacinth Finvest Limited) Branch Office, Basantpur Road, Infront Sarbas Hotel, Rajnandgaon Chhattsgarh, Through The Branch Manager Manoj Gupta S/o Shivsharan Gupta, Aged About 29 Years, R/o Village Bagdai, Tahsil Dongergaon, DistrictRajnandgaon, Chhattisgarh

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... Appellant

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versus

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1 - Smt. Nilima Shende W/o Gourishankar Shende Aged About 42 Years R/o House No. 128, Ward No.7, Ahead Of Shivanand Chowk, Shankarpur, District- Rajnandgaon, Chhattisgarh

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... Respondent

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For Appellant : Ms. Deblina Maity appears on behalf of Mr. Akhtar Hussain, Advocate For Respondent : Mr. Deepak Diwakar appears on behalf of Mr. Abhishek Sharma, Advocate

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Judgment On Board

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14/08/2025

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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 31.01.2019 passed by the Judicial Magistrate First Class, Rajnandgaon in Complaint Case No.2592/2017, 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. She submits that the Appeal may be disposed of reserving liberty so as to avail the said remedy.

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

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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

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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.

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7. Accordingly, the Appeal is disposed of .

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Sd/-

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