Harsh Chitlangia vs Subodh Rajan @ Veerbhadra Shah
2025 Latest Caselaw 1628 Chatt

Chattisgarh High Court

Harsh Chitlangia vs Subodh Rajan @ Veerbhadra Shah on 8 August, 2025

                                                                     1




                                                                                    2025:CGHC:39836
                                                                                                NAFR

                                          HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                          ACQA No. 107 of 2023

                             Harsh Chitlangia S/o Prakash Chitlangia, Aged About 43 Years, R/o
                             Basantpur Rajnandgaon, District Rajnandgaon (C.G..)
                                                                                         ... Appellant
                                                                  versus
                             Subodh Rajan @ Veerbhadra Shah S/o C.K. Rajan, Aged About 43 Years,
                             R/o Flat No. 203, Green Heights B Wing, Kaureen Bhata, Rajnandgaon
                             District Rajnandgaon
                                                                                         ... Respondent

For Appellant : Shri Prem Shankar Yadav, Advocate appears on behalf of Shri Priyank Rathi, Advocate. For Respondent : Shri Amit Buxy, Advocate.

S.B: Hon'ble Shri Justice Sanjay S. Agrawal

Judgment on Board

08/08/2025

1) This appeal has been preferred by the appellant/complainant under

Section 378(4) of the Code of Criminal Procedure, 1973, against the

judgment of acquittal dated 20/02/2023 passed by the Judicial

Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case

No.1180/2019, whereby, the Respondent/accused has been acquitted

of the charge under Section 138 of the Negotiable Instrument Act,

1881.

NARESH by NARESH KUMAR KAMDE KUMAR Date:

KAMDE 2025.08.08 17:30:05 +0530

2) At the outset, learned counsel appearing for the appellant submits that

recently in the judgment dated 08/04/2025 rendered by Hon'ble

Supreme Court in the matter of M/s Celestium Financial vs. A.

Gnanasekaran Etc., reported in 2025 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. Learned Counsel for the appellant submits

further that the Supreme Court in the said matter has reserved the

liberty in favour of the petitioner therein to prefer an appeal in the light

of the provisions of Section 372 of the Cr.P.C, and, therefore, in the

instant case also the appellant may be permitted to withdraw this

appeal with liberty to prefer an appeal before the concerned Session

Judge under proviso to Section 372 Cr.P.C. corresponding to Section

413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He further

submits that the limitation may not come in the way while deciding the

appeal on its merits.

3) Learned counsel for the respondent submits that in case an appeal is

filed, the respondent will not insist upon the limitation.

4) In the light of the submissions made herein-above and considering the

law declared by the Supreme Court in the said matter, this Court is

inclined to permit the appellant to withdraw this appeal by granting

him liberty to prefer the appeal against the impugned judgment dated

20/02/2023 passed by the Judicial Magistrate First Class,

Rajnandgaon (C.G.) in Criminal Case No.1180/2019, before the

concerned Sessions Judge within a period of 30 days from the date of

receipt of copy of this order. Order accordingly.

5) It is clarified that if such an appeal is preferred before the concerned

Session Judge 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 and

relevant documents to counsel for the appellant after retaining the

photocopy of the same and, shall remit the record to the concerned

Court forthwith.

7) Accordingly, the appeal is disposed of.

Sd/-

(Sanjay S. Agrawal) JUDGE

Kamde