Disposed

Indra Dev Verma v. Bhaiya Ram Dhruv

Chhattisgarh HC3 Aug 2025ACQA/91/2019

Case brief

AI extract

What is this about?

High Court judge disposed of an acquittal appeal without adjudicating merits, relying on a recent Supreme Court judgment. Liberty was granted to the appellant to file a regular appeal within 45 days, with a stay on limitation period if utilized.

What did the court decide?

Appeal disposed of with liberty to file appeal within 45 days; limitation waived if filed in time; record remanded to lower court.

Indra Dev Verma Vs Bhaiya Ram Dhruv — Cheque Dishonour | Chhattisgarh HC (2025)

2025:CGHC:38236

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

PRIYANKA VERMA

¶6

ACQA No. 91 of 2019

¶7

Digitally signed by PRIYANKA VERMA Date: 2025.08.05 10:33:32 +0530

¶8

1 - Indra Dev Verma S/o Shri Vishnu Datt Verma Aged About 56 Years R/o Bus Stand, Palari, Tahsil- Palari, District- Baloda Bazar- Bhatapara, Chhattisgarh

¶9

... Appellant

¶10

versus

¶11

1 - Bhaiya Ram Dhruv S/o Shri Ram Singh Dhurv Aged About 47 Years

¶12

2 - M/s Shri Vishnu H.P. Gramin Distributor Proprietor- Bhaiya Ram Dhruv, Gandhi Chowk Palari, Tahsil- Palari, District- Baloda BazarBhatapara, Chhattisgarh

¶13

... Respondents

¶14

For Appellant : Mr. Gurudev I. Sharan, Advocate

¶15

Hon'ble Shri Justice Deepak Kumar Tiwari

¶16

Judgment On Board

¶17

04/08/2025

¶18

¶19

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 06.10.2018 passed by the Judicial Magistrate First Class, Baloda Bazar (C.G.) in Criminal Complaint Case No.14/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

¶20

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.

¶21

3. 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.

¶22

¶23

4. Registry shall return the certified copy of the judgment and relevant

¶24

documents to counsel for the appellant after retaining its photocopy.

¶25

5. Registry shall send back the record to the concerned Court.

¶26

6. Accordingly, the Appeal is disposed of.

¶27

Sd/-

¶28

(Deepak Kumar Tiwari)

¶29

Judge

¶30

Priyanka

Indra Dev Verma v. Bhaiya Ram Dhruv

Case brief

What is this about?

What did the court decide?

Indra Dev Verma v. Bhaiya Ram Dhruv

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Abhishek Singh Vs Jaganath Prasad Jagat

Dr. Manharan Lal Vyas Vs Gopal Sahu

Vishnu Singh Vs Durgesh Chandrakar

Bhupendra Kumar Rajak Vs Bhaiya Ram Dhruv

State of Chhattisgarh Vs Dilip Singh Thakur

Bhuneshwari Jangde Vs Sampatlal Pareshwar