Mrs. Jyoti Balchandani Vs Mr. Jugdish Raichandani — Chhattisgarh HC (2026) — LawSathi Research

Mrs. Jyoti Balchandani Vs Mr. Jugdish Raichandani — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the CrMP permitted; liberty to file an appeal under proviso to Section 372 CrPC (Section 413 BNSS) within 60 days before the appropriate court, with a direction that limitation not be insisted upon by the appellate court; certified copy of the impugned order/judgment and relevant documents to be returned to petitioner's counsel and record sent back to the concerned court.

Issue for consideration

Whether the pending Criminal Misc. Petition should be permitted to be withdrawn in view of the Supreme Court's recent decision in M/s Celestium Financial (2025 INSC 804), with liberty to pursue the remedy of appeal.

Court's answer

The present Criminal Misc. Petition is disposed of as withdrawn, with liberty to the petitioner to file an appeal under proviso to Section 372 of CrPC (Section 413 of BNSS) within 60 days before the appropriate court in accordance with law.

Ratio / Principle

If such an appeal is filed before the concerned court within the time given, that court would not insist upon limitation while deciding the same and will proceed to decide the matter in accordance with law.

Detailed headnote1 paragraphs

Criminal Law — Criminal Misc. Petition — withdrawal — High Court of Chhattisgarh, Bilaspur, single-judge order dated 14/01/2026 (Ravindra Kumar Agrawal, J.) in CRMP No. 3123 of 2024 (Mrs. Jyoti Balchandani v. Mr. Jugdish Raichandani): in view of the recent Supreme Court decision in M/s Celestium Financial Vs. A. Gnanasekaran Etc., 2025 INSC 804, learned counsel for the petitioner prayed for withdrawal of the Criminal Misc. Petition with liberty to file an appeal under proviso to Section 372 of CrPC (Section 413 of BNSS) before the appropriate court; prayer allowed; CrMP disposed of as withdrawn with liberty to file the appeal within 60 days; the concerned court was directed that, if the appeal is filed within the time given, it would not insist upon limitation while deciding it; certified copy of the impugned order/judgment and relevant documents to be returned to petitioner's counsel and record sent back forthwith to the concerned court. The nature, forum and date of the impugned order are not stated in the document.

1

2026:CGHC:2339

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 3123 of 2024

1 - Mrs. Jyoti Balchandani W/o Lt. Prakash Balchandani, Aged About 45 Years R/o Lane No.05, Ravigram, Telibandha, Raipur, Chhattisgarh492001.

... Petitioner(s)

versus

1 - Mr. Jugdish Raichandani S/o Mr. Parasram Raichandani, R/o Near Sanjay Patel's Guest House, Shikshak Colony, Village-Chhura, DistrictGariyaband, Chhattisgarh.

... Respondent(s)

Order Sheet

14/01/2026

Shri Rajat Agrawal, Advocate for the petitioner.
In view of recent decision of Supreme Court in case of
M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025
**INSC 804,**learned counsel for the petitioner prays for
withdrawal of present Criminal Misc. Petition with liberty to
file an Appeal under proviso to Section 372 of CrPC (413 of
BNSS) before the appropriate court.
Prayer is allowed.
Accordingly, the present CrMP is disposed of as
withdrawn with liberty to file an appeal within a period of 60
days from today before the appropriate court in accordance
with law.

2

It is made clear that if such an appeal is filed before the concerned court within the time given, it would not insist upon the limitation while deciding the same and will proceed to decide the matter in accordance with law. Registry shall return the certified copy of the
impugned order/judgment and relevant documents to the counsel for the petitioner after retaining photocopy of the
same.
Record be sent back forthwith to the concerned court.
Sd/- (Ravindra Kumar Agrawal) Judge

Inder