Ram Das Agrawal (Died and Deleted) Through LRs. Vs… — Cheating and Forgery | Chhattisgarh HC (2025)

Ram Das Agrawal (Died and Deleted) Through LRs. Vs… — Cheating and Forgery | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant 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 period; Registry to return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant, and to send the record back to the concerned Court.

Issue for consideration

Whether the appeal against acquittal, filed directly before the High Court by the appellant (complainant side), should be disposed of reserving liberty to pursue the remedy available under the proviso to Section 372 Cr.P.C. before the appropriate Court.

Court's answer

The appeal stands disposed of reserving liberty in favour of the appellant to file an appeal before the appropriate Court within a period of 45 days from the order, in accordance with law.

Ratio / Principle

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

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), ACQA No. 74 of 2019, decided 09/09/2025 by Deepak Kumar Tiwari, J. Appeal by the complainant side (original appellant Ram Das Agrawal, since dead, through L.R. Sunil Kumar Agrawal) against acquittal of the accused (Jasbir Singh) under Sections 420 and 34 IPC by the Judicial Magistrate First Class, Raipur, in Criminal Case No.563/13, judgment dated 05.05.18. The appeal had been filed directly before the High Court. Relying on the law declared in Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (regarding the victim's right to appeal against acquittal under the proviso to Section 372 Cr.P.C.), and with no opposition from Respondent Nos.1 and 3, the Court disposed of the appeal, reserving liberty to the appellant to file an appeal before the appropriate Court within 45 days, and clarified that the concerned Court would not insist on limitation if the appeal is filed within that time. Registry directed to return certified copies and send the record back.

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2025:CGHC:45837

NAFR

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.09 17:11:21 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 74 of 2019

1 - Ram Das Agrawal (Died And Deleted) Through Lrs. As Per Honble Court Order Dated 02-09-2024.

1.1 - Sunil Kumar Agrawal S/o Late Ramdas Agrawal Aged About 53 Years R/o Friends Colony, House No. 08 District - Raigarh (C.G.)

... Appellant.

versus

1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Line, District- Raipur, Chhattisgarh.

2 - Bajrang Lal Nagar (Dead) .

3 - Jasbir Singh S/o Surjit Singh Aged About 63 Years R/o Shyam Nagar Behind Gurudwara, Police Station- Telibandha, District- Raipur, Chhattisgarh. (accused).

... Respondent(s)

For Appellant	: Ms. Pooja Lonia appears on behalf of Shri Ajay Kumar Chandra, Advocates.
For State/Res. No.1	: Shri Dilman Rati Minj, Govt. Advocate.
For Respondent No.3	: Shri Suyash Gupta appears on behalf of Shri Kashif Shakeel, Advocates.

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

09/09/2025

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At the outset, learned counsel for the appellant would submit that this Appeal has been filed directly before the High Court by the appellant against the judgment dated 05.05.18 passed by the Judicial Magistrate First Class, Raipur, C.G. in Criminal Case No.563/13 whereby, respondent/accused was acquitted of the charge under Section 420, 34 of IPC.

Learned counsel for the appellant further 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.

On the other hand, counsel for Respondent Nos.1 & 3 would not oppose the aforesaid prayer.

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

Registry shall send back the record to the concerned Court.

Accordingly, this appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari) Judge

Avinash/Priyanka