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Chirag Combines v. Shri Ranjeet Chhatri

Chhattisgarh HC3 Sept 2025ACQA/56/2020

Case brief

AI extract

What is this about?

Chhattisgarh High Court acquittal appeal (ACQA No. 56 of 2020) under Section 138 NI Act disposed of reserving liberty to file appeal within 45 days in light of Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 on victim's right of appeal against acquittal under proviso to Section 372 Cr.P.C.; limitation not to be insisted upon if appeal filed within the granted period; acquittal of 27.11.2019 by JMFC Raipur in C.C. Case No.3256/2016 left undisturbed.

What did the court decide?

Liberty reserved to the appellant to file an appeal within 45 days before the appropriate Court, with the concerned Court directed not to insist upon limitation if the appeal is filed within that period; Registry directed to return certified copies of the order/judgment and documents to counsel for the appellant and to send back the record to the concerned Court.

Chirag Combines Vs Shri Ranjeet Chhatri — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this acquittal appeal should be disposed of reserving liberty to the appellant to avail the remedy of appeal under the proviso to Section 372 Cr.P.C. in light of the Supreme Court's decision in Celestium Financial.

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Court's answer

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

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Detailed headnote1 paragraphs

ACQA No. 56 of 2020, High Court of Chhattisgarh at Bilaspur (Single Bench, Hon'ble Shri Justice Deepak Kumar Tiwari, decided 04.09.2025): Acquittal appeal filed by complainant Chirag Combines (Proprietor Himanshu Batawia) against the judgment of acquittal dated 27.11.2019 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.3256/2016, whereby respondent/accused Ranjeet Chhatri was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel for the appellant relied on the Supreme Court decision in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (dated 08.04.2025), discussing the victim's right to prefer an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C., and sought disposal of the appeal reserving liberty to avail that remedy. Considering the law declared in Celestium Financial (supra), the appeal was disposed of reserving liberty to the appellant to file an appeal within 45 days from the date of the order before the appropriate Court, with the further direction that if such appeal is filed within the time given, the concerned Court would not insist upon limitation while deciding it. Registry was directed to return certified copies to counsel for the appellant and to send back the record to the concerned Court.

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2025:CGHC:45275

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Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.04 17:42:30 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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ACQA No. 56 of 2020

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Chirag Combines Proprietor Himanshu Batawia, Aged About 40 Years, S/o. Shri Nemchand Batawia, Address Gayatri Nagar, Behind Jagannath Mandir, Ps Telibandha, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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... Appellant.

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versus

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Shri Ranjeet Chhatri S/o. Shri Maniram Chhatri Aged About 28 Years R/o. House No. 15/14, Virdhi Colony, Kota, Ps Saraswati Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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... Respondent. For Appellant : Mr. Raj Singhale, Adv on behalf of Mr. N. Naha Roy, Advocate. For Respondent : None.

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari

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Judgment on Board

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04.09.2025

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The appellant has filed this acquittal appeal against the judgment of acquittal dated 27.11.2019 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.3256/2016, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “ the NI Act ”).

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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

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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 case may be disposed of reserving liberty so as to avail the said remedy.

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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 the date of 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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