Vikas Chandrakar Vs Manoj Singh — Cheque Dishonour | Chhattisgarh HC (2025)

Vikas Chandrakar Vs Manoj Singh — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty to withdraw the appeal and prefer a fresh appeal against the acquittal dated 06.02.2020 before the concerned Sessions Judge within 30 days from receipt of copy of the order, with limitation not to be insisted upon; Registry directed to return the certified copy of the impugned judgment and relevant documents to counsel for the appellant and remit the record to the concerned Court forthwith.

Issue for consideration

Whether the appellant/complainant may be permitted to withdraw the present appeal preferred under Section 378(4) CrPC, with liberty to prefer an appeal before the concerned Sessions Judge under the proviso to Section 372 Cr.P.C. (corresponding to Section 413 BNSS, 2023), in view of the law declared in M/s Celestium Financial (2025 INSC 804) +1 more

Court's answer

Considering the law declared by the Supreme Court in M/s Celestium Financial (2025 INSC 804), this Court permitted the appellant to withdraw the appeal, granting him liberty to prefer an appeal against the impugned acquittal judgment dated 06.02.2020 of the JMFC, Mahasamund in Criminal Complaint Case No.S1449/2014 before the concerned Sessions Judge within 30 days from receipt of copy of the order.

Ratio / Principle

Clarified that if such an appeal is preferred before the concerned Session Judge within the time given by this Court, the limitation would not be insisted upon and the appeal would be decided on its merits in accordance with law.

Detailed headnote1 paragraphs

Chhattisgarh High Court (Single Bench, Sanjay S. Agrawal, J.) disposed of an appeal under Section 378(4) CrPC filed by the complainant against his acquittal under Section 138 of the Negotiable Instrument Act, 1881 (judgment dated 06.02.2020, JMFC Mahasamund, Criminal Complaint Case No.S-1449/2014). Relying on M/s Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804, the Court permitted withdrawal of the appeal with liberty to prefer a fresh appeal against the acquittal before the concerned Sessions Judge under the proviso to Section 372 Cr.P.C. (corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023) within 30 days, and clarified that limitation would not be insisted upon by the transferee court; Registry was directed to return the certified copy and remit the record.

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2025:CGHC:38734

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No.50 of 2023

Vikas Chandrakar S/o Shri Girdharilal Chandrakar, Aged About 24 Years R/o Old Government Hospital Parisar, Mahasamund, District : Mahasamund, Chhattisgarh

... Appellant/Complainant

versus

Manoj Singh S/o R. B. Singh, Aged About 48 Years R/o House No.114/3-A, Maitri Nagar, Risali, Bhilai, District : Durg, Chhattisgarh

... Respondent(s)

For Appellant : Shri G. I. Sharan, Advocate For Respondent(s) : None

Single Bench: Hon'ble Shri Justic e Sanjay S. Agrawal

Judgment on Board

05/08/2025

SATISH TUMANE

Digitally signed by SATISH TUMANE Date: 2025.08.06 10:47:30 +0530

1 ) This appeal has been preferred by the appellant/complainant under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 06.02.2020 passed by the Judicial Magistrate First Class, Mahasamund (CG) in Criminal Complaint Case No.S-1449/2014, whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instrument Act, 1881.

2 ) At the outset, learned counsel appearing for the appellant submits that recently in the judgment dated 08/04/2025 rendered by

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Hon’ble Supreme Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 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. Learned Counsel for the appellant submits further that the Supreme Court in the said matter has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the provisions of Section 372 of the Cr.P.C, and, therefore, in the instant case also, the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Judge under proviso to Section 372 Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He further submits that the limitation may not come in the way while deciding the appeal on its merits.

3 ) In the light of the submissions made herein-above and considering the law declared by the Supreme Court in the said matter, this Court is inclined to permit the appellant to withdraw this appeal by granting him liberty to prefer the appeal against the impugned judgment dated 06.02.2020 passed by the Judicial Magistrate First Class, Mahasamund (CG) in Criminal Complaint Case No.S1449/2014, before the concerned Sessions Judge within a period of 30 days from the date of receipt of copy of this order. Order accordingly.

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4 ) It is clarified that if such an appeal is preferred before the concerned Session Judge 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 impugned judgment and relevant documents to counsel for the appellant after retaining the photocopy of the same and, shall remit the record to the concerned Court forthwith.

6 ) Accordingly, the appeal is disposed of.

SD/-/-/-/-- ( Sanjay S. Agrawal ) JUDGE

Tumane