Chetan Das Sahu Vs Narottam Kumar Sahu — Cheque Dishonour | Chhattisgarh HC (2025)

Chetan Das Sahu Vs Narottam Kumar Sahu — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of with liberty to the appellant to file an appeal before the appropriate Court within 60 days, with a direction that limitation shall not be insisted upon if the appeal is filed within that period; Registry directed 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 complainant's acquittal appeal under Section 419(4) BNSS against acquittal under Section 138 NI Act should be disposed of with liberty to avail the remedy of appeal under Section 413 BNSS, in view of the Supreme Court's ruling in Celestium Financial that a Section 138 complainant is a 'victim' entitled to appeal under proviso to Section 372 CrPC / Section 413 BNSS.

Court's answer

Considering the law declared in Celestium Financial (supra), the acquittal appeal stands disposed of, reserving liberty to the appellant to file an appeal before the appropriate Court within 60 days from this 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 would not insist upon limitation while deciding it and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal under S. 419(4) BNSS by the complainant against acquittal under S. 138 NI Act (JMFC Rajnandgaon, Complaint Case No. 12/2023, judgment dt. 20.11.2024) — disposed of at the threshold on the strength of Celestium Financial, 2025 INSC 804, wherein the Supreme Court held that a complainant under S. 138 is a 'victim' (S. 2(wa) CrPC, corresponding to S. 2(y) BNSS) entitled to appeal under proviso to S. 372 CrPC, corresponding to S. 413 BNSS. Liberty reserved to the appellant to file such an appeal within 60 days; the concerned Court directed not to insist on limitation if the appeal is filed within that time. Registry directed to return certified copies and send the record back.

1

2025:CGHC:46300

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 92 of 2025

1 - Chetan Das Sahu S/o Deliram Sahu Aged About 41 Years R/o Village And Post- Bholapur, Tahsil- Chhuriya, DisttRajnandgaon (C.G.)

... Appellant

versus

1 - Narottam Kumar Sahu S/o Chaitram Sahu Aged About 35 Years R/o Seonikhurd, Tahsil- Dongargaon, Distt.- Rajnandgaon C.G. Presently Residing Village- Bodela, Post- Tumdibod, TahsilDongargaon, Distt.- Rajnandgaon C.G.

... Respondent

For Appellant : Ms. Priyanka Rai Mishra, Adv. For Respondent : None.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board

10/09/2025

1. This acquittal appeal U/s 419(4) of the BNSS has been filed against the judgment dated 20.11.2024 passed by the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) in Complaint Case No. 12/2023 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act.

2

2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy.

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 60 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.

4. 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.

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

Sd/(Sanjay Kumar Jaiswal) Judge

Sourabh P.