Bhuneshwari Jangde Vs Sampatlal Pareshwar — Cheque Dishonour | Chhattisgarh HC (2025)

Bhuneshwari Jangde Vs Sampatlal Pareshwar — 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 within 45 days before the appropriate Court in accordance with law; if filed within that time, limitation shall not be insisted upon; Registry directed to return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining photocopy, 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 should be disposed of with liberty to the appellant to pursue the remedy of appeal under the proviso to Section 372 Cr.P.C. in light of the law declared in Celestium Financial (2025 INSC 804).

Court's answer

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 this 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, the concerned Court shall not insist upon limitation and shall decide the appeal in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA No. 49 of 2020) under Section 378(4) CrPC against acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 by the JMFC, Mahasamund (judgment dated 04.12.2019 in C.C. No. 2133/2017): relying on the Supreme Court's decision in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (dated 08.04.2025) on the victim's right to appeal against acquittal under the proviso to Section 372 Cr.P.C., the High Court disposed of the appeal, reserving liberty to the appellant-complainant to file an appeal before the appropriate Court within 45 days, with a direction that limitation shall not be insisted upon if the appeal is filed within that time; Registry to return certified copies and send the record back.

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2025:CGHC:38232

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.08.05 10:43:45 +0530

ACQA No. 49 of 2020

1 - Bhuneshwari Jangde W/o Kallu Ram Jangde Aged About 38 Years, R/o Village Charbhatha, Post Mongrapali, Police Station Tendukona, District Mahasamund, Chhattisgarh

... Appellant

versus

1 - Sampatlal Pareshwar S/o Shri Uttam Singh Pareshwar Aged About 35 Years R/o Village Barekel, Post Pirda, Jagdishpur, Police Station Basna, District Mahasamund, Chhattisgarh

... Respondent

For Appellant : Mr. Gurudev I. Sharan, Advocate For Respondent : Mr. Rajendra Patel, Advocate appears on behalf of Mr. Sunil Sahu, Advocate

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

04/08/2025

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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 04.12.2019 passed by the Judicial Magistrate First Class, Mahasamund, District Mahasamund in Criminal Complaint Case No.2133/2017, 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