Shri Namit Jain Vs Shri Rahul Singh Chauhan — Cheque Dishonour | Chhattisgarh HC (2025)

Shri Namit Jain Vs Shri Rahul Singh Chauhan — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to file an appeal against the acquittal within 45 days from the order before the appropriate Court, in accordance with law; the concerned Court not to insist upon limitation 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 petitioner after retaining photocopy.

Issue for consideration

Whether the petitioner-complainant, aggrieved by the acquittal of the respondent-accused under Section 138 of the Negotiable Instruments Act, 1881, should be relegated to the remedy of an appeal under the proviso to Section 372 Cr.P.C. in view of the law declared in Celestium Financial, warranting disposal of the petition with liberty to avail that remedy.

Court's answer

In view of the submission of counsel and the law declared in Celestium Financial, the petition stands disposed of reserving liberty to the petitioner to file an appeal within 45 days from the order before the appropriate Court, in accordance with law.

Ratio / Principle

If the appeal is filed before the concerned Court within the 45-day period granted by this Court, that Court shall not insist upon limitation while deciding the appeal and shall decide it in accordance with law.

Key takeaways

The Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the petitioner after retaining the photocopy of the same.ratio¶¶21

Detailed headnote1 paragraphs

Acquittal under Section 138 of the Negotiable Instruments Act, 1881 challenged by the complainant in CRMP — relying on the law declared in Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 (right of the victim to prefer an appeal against acquittal under the proviso to Section 372 Cr.P.C.), the High Court disposed of the petition reserving liberty to the petitioner to file an appeal within 45 days from the order before the appropriate Court, directing that limitation shall not be insisted upon if the appeal is filed within that time, and that the Registry shall return the certified copy of the impugned judgment/order and documents to counsel. (Impugned judgment of acquittal dated 17.01.2020, Judicial Magistrate First Class, Raipur C.G., Complaint Case No.30/2016; Coram: Deepak Kumar Tiwari, J.; decided 10/09/2025.)

1

2025:CGHC:46076

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2025.09.10 15:18:49 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

CRMP No. 1068 of 2020

1 - Shri Namit Jain S/o Shri Champalal Jain Aged About 35 Years R/o Anuvrat Residency, Pandri, Tahsil And District Raipur, Chhattisgarh. (complainant).

... Petitioner.

versus

1 - Shri Rahul Singh Chauhan S/o Ravindra Singh Chauhan, R/o E-8, Shivaji Park, Vidhan Sabha Road, Tahsil And District Raipur, Chhattisgarh. (accused).

... Respondent.

For Petitioner : Shri SK Puria appears on behalf of Shri Sharad Mishra, Advocates.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

10/09/2025

This Petition has been preferred against the judgment of acquittal dated 17.01.2020 passed by the Judicial Magistrate First Class, Raipur C.G. in Complaint Case No.30/2016, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

At the outset, learned counsel for the petitioner 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

2

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 petition 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), this Petition stands disposed of reserving liberty in favour of the petitioner 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.

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

Accordingly, the CRMP is disposed of .

Sd/-

(Deepak Kumar Tiwari) Judge

Avinash/Priyanka