R.B. Bhagat vs Vijendra Bhatnagar
2025 Latest Caselaw 1653 Chatt

Chattisgarh High Court

R.B. Bhagat vs Vijendra Bhatnagar on 11 August, 2025

                                                                          1




                                                                                          2025:CGHC:40254

Digitally signed by AJAY
KUMAR DWIVEDI
DN: cn=AJAY KUMAR
DWIVEDI, ou=HIGH
                                                                                                           NAFR
COURT OF
CHHATTISGARH,
o=HIGH COURT OF

                                        HIGH COURT OF CHHATTISGARH AT BILASPUR
CHHATTISGARH,
st=CHATTISGARH,
c=IN
Date: 2025.08.12
11:07:20 +0530




                                                              ACQA No. 44 of 2019

                           R.B. Bhagat S/o Shivpujan Bhagat Aged About 68 Years R/o 317,near Gol Bazar,
                           Rohinipuram, Police Station- D.D. Nagar, Raipur, District- Raipur, Chhattisgarh., District :
                           Raipur, Chhattisgarh
                                                                                                       ... Appellant.


                                                                       versus
                           Vijendra Bhatnagar S/o Ramsharan Bhatnagar Builder And Contractor, Office At Pushpak
                           Apartment, Shop No.3, Opposit Govrnment Jainarayan Pandey Higher Secondry School,
                           Near Mahavir Namkeen Bhandar, Chhotapara Police Station- City Kotwali, Raipur, District-
                           Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
                                                                                                    ... Respondent.

For Appellant : Mr. Raghvendra Pradhan, Advocate.

For Respondent : None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 11.08.2025

1. The appellant has filed this acquittal appeal against the judgment of acquittal

dated 18.04.2018 passed by the Judicial Magistrate First Class, Raipur in

Criminal Complaint Case No.235/2012, whereby, the respondent/accused has

been acquitted of the charge under Section 138 of the Negotiable Instruments

Act, 1881 (for short, "the NI Act").

2. At the outset, learned counsel for the appellant submits that recently in the

judgment dated 08.04.2025 rendered by the Hon'ble Supreme Court in the

matter of Celestium Financial vs. A. Gnanasekaran Etc., 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. He 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 appeal stands disposed of

reserving liberty in favour of the appellant to file an appeal within a period of

45 days from the date of 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 order/judgment and relevant

documents to counsel for the appellant after retaining its photocopy.

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

6. Accordingly, the appeal is disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay