Harishchandra Tandon Vs Salim Khan — Cheque Dishonour | Chhattisgarh HC (2025)

Harishchandra Tandon Vs Salim Khan — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellants to file an appeal against the acquittal within 45 days before the appropriate Court; the concerned Court directed not to insist upon limitation if the appeal is filed within that time; Registry to return certified copies of the impugned judgment/documents and send records back to the concerned Court.

Issue for consideration

Whether, in view of the law declared in Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 regarding the victim's right to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C., these acquittal appeals filed by the complainants should be disposed of with liberty to pursue the appropriate appellate remedy.

Court's answer

In view of the counsel's submission and considering the law declared in Celestium Financial (supra), the Appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 45 days from the order before the appropriate Court.

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.

Detailed headnote1 paragraphs

Acquittal Appeals ACQA No. 64 of 2020 (Harishchandra Tandon, complainant) and ACQA No. 511 of 2024 (Rupesh Jogi, complainant) against common accused-respondent Salim Khan, challenging the judgment dated 29.07.2019 of the Judicial Magistrate First Class, Bilaspur C.G acquitting him of the charge under Section 138 of the Negotiable Instruments Act, 1881 in Complaint Cases No. 664/17 and No. 665/17. Relying on the appellant-side counsel's submission grounded in Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 (Hon'ble Supreme Court, judgment dated 08.04.2025) on the victim's right to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C., the High Court (Deepak Kumar Tiwari, J.) on 09.09.2025 disposed of both appeals, reserving liberty to the appellants to file appeals within 45 days before the appropriate Court, with a clarification that limitation would not be insisted upon if filed within that period; the Registry was directed to return certified copies and send the records back to the concerned Court.

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2025:CGHC:45839

NAFR

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.09 17:07:43 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 64 of 2020

1 - Harishchandra Tandon S/o. Amoldas Tandon Aged About 46 Years R/o. Post And Chowky- Chilfy, Tahsil- Lormi, District- Bilaspur, Chhattisgarh. Police Station- Civil Lines, Mungeli, Chhattisgarh. (complainant)

--- Appellant.

versus

1 - Salim Khan S/o. Mashal Khan, R/o. House Of Sakir Alam, Rukmani Vihar, Kumharpara Road, Jarhabhatha, District Bilaspur, Chhattisgarh. (accused).

--- Respondent(s)

ACQA No. 511 of 2024

1 - Rupesh Jogi S/o. Bhaiyalal Jogi Aged About 35 Years R/o. Manjhwapara, Jarhabhatha, Ps.- Civil Lines, Bilaspur Chhattisgarh. (complainant).

--- Appellant.

Versus

1 - Salim Khan S/o. Mashal Khan R/o. House Of Sakir Alam, Rukmani Vihar, Kumharpara Road, Jarhabhatha, District- Bilaspur Chhattisgarh (accused).

--- Respondent(s).

For Appellants : Shri Harsh Namdeo appears on behalf of Shri N Naha Roy, Advocates.

For Respondent : None.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

09/09/2025

Acquittal Appeal No.64 of 2020 has been filed against the judgment dated 29.07.2019 passed by the Judicial Magistrate First Class, Bilaspur C.G in Complaint Case No.664/17 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

Acquittal Appeal No.511 of 2024 has been filed against the judgment dated 29.07.2019 passed by the Judicial Magistrate First Class, Bilaspur C.G in Complaint Case No.665/17 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

At the outset, learned counsel for the appellants 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. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), the Appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 45 days from this order before the appropriate Court, in

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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.

Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellants after retaining the photocopy of the same.

Registry shall send back the records to the concerned Court.

Accordingly, the Appeals are disposed of .

Sd/-

(Deepak Kumar Tiwari) Judge Avinash/Priyanka