Gopal Prasad Jaltare Vs Raj Singh Vishwakarma — Cheque Dishonour | Chhattisgarh HC (2025)

Gopal Prasad Jaltare Vs Raj Singh Vishwakarma — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with liberty reserved to the petitioner to file an appeal within 60 days before the appropriate Court; if filed within that period, the appellate Court is not to insist upon limitation; Registry directed to return the certified copy of the impugned judgment/order and documents to counsel for the petitioner and to send the record back to the concerned Court.

Issue for consideration

Whether, in view of the Supreme Court's decision in Celestium Financial (complainant under Section 138 being a 'victim' entitled to appeal under proviso to Section 372 Cr.P.C. / Section 413 BNSS), the petition under Section 419(4) BNSS against the acquittal should be disposed of reserving liberty to the petitioner to avail the remedy of appeal.

Court's answer

In view of the submission of counsel and considering the law declared in Celestium Financial (supra), the petition stands disposed of reserving liberty in favour of the petitioner to file an appeal within a period of 60 days from 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, that Court would not insist upon the limitation while deciding the same and will proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Negotiable Instruments Act, S.138 — Acquittal — Complainant's petition under S.419(4) BNSS against judgment of acquittal — Counsel invoked Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, wherein the Supreme Court held that a complainant in a S.138 complaint is a 'victim' under S.2(wa) Cr.P.C. / S.2(y) BNSS and is entitled to appeal under the proviso to S.372 Cr.P.C. / S.413 BNSS — Considering the law so declared, the High Court disposed of the petition, reserving liberty to the complainant to file an appeal within 60 days before the appropriate Court, and made clear that if the appeal is filed within that time, the concerned Court shall not insist upon limitation and shall decide it in accordance with law — Registry directed to return certified copies and send the record back.

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2025:CGHC:45335

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 902 of 2025

1 - Gopal Prasad Jaltare S/o Motiram Jaltare Aged About 41 Years R/o Jamnipali, Tahsil- Katghora, District- Korba (C.G.) (Complainant)

versus

1 - Raj Singh Vishwakarma S/o Hondro Ram Vishwakarma Aged About 36 Years R/o Village- Matasi, Post- Narayanpur, DistrictJashpur (C.G.) (Accused)

... Respondent

For Petitioner : Mr. Aditya Khare, Adv. For Respondent : None.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board

04/09/2025

1. This application U/s 419(4) of the BNSS has been filed against the judgment dated 08.01.2025 passed by the learned Judicial Magistrate First Class, Korba, DistrictKorba (C.G.) in Complaint Case No. 3535/2018 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act.

2. At the outset, learned counsel for the petitioner submits that recently the Supreme Court has delivered a judgment in the

Digitally signed by HEERA LAL SAHU Date: 2025.09.06 10:58:35 +0530

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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 petition stands disposed of reserving liberty in favour of the petitioner 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 petitioner after retaining the photocopy of the same.

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

Sd/(Sanjay Kumar Jaiswal) Judge

H.L. Sahu