Sahasram Vs Sourabh Upadhyay — Cheque Dishonour | Chhattisgarh HC (2026)

Sahasram Vs Sourabh Upadhyay — Cheque Dishonour | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Liberty to the appellant to file an appeal (in terms of an acquittal appeal) before the appropriate Court within 60 days from 08.01.2026; the concerned Court not to insist upon limitation if the appeal is filed within that period and to decide it in accordance with law; Registry to return certified copies of the impugned judgment/order and relevant documents to counsel for the appellant after retaining photocopies.

Issue for consideration

Whether the petition seeking leave/special leave to appeal (filed under Section 378(4) CrPC and Section 419(4) BNSS) by the complainant against the acquittal arising from dismissal of Complaint Case No. 89/2025 for non-prosecution should 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

Acting in view of the law laid down in M/s. Celestium Financial (supra) - under which a complainant in a Section 138 complaint is a victim entitled to appeal under the proviso to Section 372 Cr.P.C. / Section 413 BNSS - the Court accepted the submission that the instant case could be disposed of reserving liberty to avail the remedy of appeal as a victim.

Ratio / Principle

This Court disposed of the Cr.M.P. (filed under Section 378(4) CrPC / Section 419(4) BNSS seeking leave/special leave to appeal) in terms of an acquittal appeal rather than granting special leave to appeal.

Key takeaways

Liberty was reserved to the appellant/complainant to file an appeal before the appropriate Court within a period of 60 days from the date of this order (08.01.2026).ratio¶17
It was further made clear that if such an appeal is filed before the concerned Court within the time given by this Court, the Court would not insist upon limitation while deciding the same and would proceed to decide it in accordance with law.ratio¶17
Registry was directed to return the certified copies of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur - CRMP No. 3848 of 2025 (Sanjay Kumar Jaiswal, J.), order dated 08.01.2026. Petition filed by complainant Sahasram under Section 378(4) CrPC (parallel Section 419(4) BNSS) seeking leave to appeal against the judgment dated 31.10.2025 of the Judicial Magistrate First Class, Marwahi, dismissing Complaint Case No. 89/2025 (Section 138, Negotiable Instruments Act, 1881) for non-prosecution, whereby respondent Sourabh Upadhyay stood acquitted. Relying on M/s. Celestium Financial v. A. Gnanasekaran Etc., 2025 INSC 804, where the Supreme Court held that a Section 138 complainant is a 'victim' (s. 2(wa) CrPC / s. 2(y) BNSS) entitled to appeal under the proviso to Section 372 CrPC (Section 413 BNSS), the Court disposed of the petition in terms of an acquittal appeal, granting liberty to file the appeal before the appropriate Court within 60 days, with a undertaking that limitation would not be insisted upon if filed within that period; Registry ordered to return certified copies.

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ALLENA	Digitally signed by ALLENA ANNAJEE
ANNAJEE	RAO
RAO	Date:
	2026.01.09
	13:45:16 +0530

2026:CGHC:1296

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 3848 of 2025

Sahasram S/o Bandhu Aged About 35 Years Caste Kenwat, R/o Village Changeri, Post Parasi, P.S. And Tahsil Marwahi, District Gourela-PendraMarwahi Chhattisgarh ... Petitioner

versus

Sourabh Upadhyay S/o Biharilal Aged About 28 Years Caste Bramhan R/o Village Pendra, Post Pendra, P.S. And Tahsil Marwahi, District GourelaPendra-Marwahi Chhattisgarh ... Respondent

For the Petitioner : Mr. Pradeep Kumar Jogi, Advocate For the Respondent : ….

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

08.01.2026

1 . The complainant/petitioner has filed this petition under Section 378(4) of Criminal Procedure Code 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 31.10.2025 passed by the Judicial Magistrate, First Class, Marwahi, District Bilaspur, Chhattisgarh (C.G) in Complaint Case No.89/2025 by which the complaint filed by the complainant has been dismissed for non-prosecution, as a consequence of which, the respondent/accused stands acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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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 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 the outset, 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 instant 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 before the appropriate Court within a period of 60 days from today . 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 copies of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao