Sanjay Joshi Vs Ram Pratap — Cheque Dishonour | Chhattisgarh HC (2025)

Sanjay Joshi Vs Ram Pratap — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of acquittal appeal with liberty to the appellant to file appeal within 60 days of receipt of a copy of the order before the appropriate Court; limitation not to be insisted upon if filed within that time; Registry to return certified copy of the impugned judgment/order and documents to counsel and send the record back to the concerned Court.

Issue for consideration

Whether the petition under Section 419(4) BNSS seeking leave to appeal against the acquittal can be disposed of in terms of an acquittal appeal, the complainant being a victim with a statutory right of appeal under the proviso to Section 413 BNSS (Section 372 CrPC).

Court's answer

In view of the law laid down in Celestium Financial (supra), the Cr.M.P/Acquittal Appeal is disposed of with liberty to the appellant to file appeal within a period of 60 days from the date of receipt of a copy of the order before the appropriate Court, in accordance with law.

Ratio / Principle

If such an appeal is filed before the concerned Court within the time given by this Court (60 days), it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law.

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), CRMP No. 1836 of 2025, order dated 06.10.2025 (Sanjay Kumar Jaiswal, J.). The complainant-petitioner filed a petition under Section 419(4) BNSS seeking leave to appeal against the judgment dated 19.02.2025 of the Judicial Magistrate First Class, Korba in Criminal Case No. 3109/2021 acquitting the respondent-accused of the charge under Section 138 of the Negotiable Instruments Act, 1881. Counsel submitted that, the complaint under Section 138 NI Act having been dismissed, the petition could be disposed of in terms of an acquittal appeal, the complainant being considered a victim with a statutory right of appeal under the proviso to Section 413 BNSS (Section 372 CrPC), placing reliance on M/s. Celestium Financial Vs. A. Gnanasekaran Etc., 2025 INSC 804. Accepting the submission in view of the law laid down in Celestium Financial (supra), the Court disposed of the Cr.M.P/Acquittal Appeal with liberty to the appellant to file the appeal within 60 days of receipt of a copy of the order before the appropriate Court, making clear that if such appeal is filed within the time given, the concerned Court would not insist upon limitation while deciding it. Registry was directed to return the certified copy of the impugned judgment/order and documents to counsel and to send the record back to the concerned Court.

1

Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEE RAO RAO Date: 2025.10.07 12:31:01 +0530

2025:CGHC:49642

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 1836 of 2025

Sanjay Joshi S/o Kamal Joshi Aged About 53 Years R/o Plot No. 76 T.P. Nagar Korba, Tehsil And District- Korba (C.G.) ... Petitioner

versus

Ram Pratap S/o Sukhdev (Sahdev) Aged About 54 Years R/o Rani Road Near Durga Mandir Korba Tehsil And District Korba (C.G.) ... Respondent

For the Petitioner : Mr. Ashutosh Shukla, Advocate For the Respondent : ………..

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

06.10.2025

1 . The complainant/petitioner has filed this petition under Section 419(4) of BNSS) seeking grant of leave to appeal. The prayer made in the acquittal appeal filed along-with the petition shows that he seeks a direction to set aside the impugned judgment dated 19.02.2025 passed by the Judicial Magistrate First Class, Korba (C.G) in Criminal Case No. 3109/2021 by which the respondent /accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

2 . Learned counsel for the petitioner submits that since the complaint filed u/s section 138 of NI Act before the trial Court stood dismissed, the petition filed u/s 419(4) of BNSS can be disposed of in terms of an acquittal

2

appeal and it is no longer necessary to seek special leave to appeal, because the complainant is considered victim and has statutory right to appeal under the proviso to Section 413 BNSS (Section 372 CrPC).

3 . Having considered the submission made by learned counsel, this Court is inclined to dispose of this petition in terms of acquittal appeal. 4 . At this stage, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held 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”) and thus the said complaint can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS , the case may be disposed of reserving liberty so as to avail the said remedy of appeal.

5 . Having considered the submission of learned counsel and in view of the law laid down in case of Celestium Financial (supra), this Cr.M.P/Acquittal Appeal is disposed of with liberty to the appellant to file appeal within a period of 60 days from the date of receipt of a copy 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.

6 . 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.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao