Indian Overseas Bank vs Ritesh Deshmukh
2025 Latest Caselaw 1665 Chatt

Chattisgarh High Court

Indian Overseas Bank vs Ritesh Deshmukh on 12 August, 2025

                                                                   1




                                                                                  2025:CGHC:40473
Digitally signed by
AJAY KUMAR DWIVEDI
DN: cn=AJAY KUMAR
DWIVEDI, ou=HIGH
COURT OF
CHHATTISGARH,
                                                                                                 NAFR
o=HIGH COURT OF
CHHATTISGARH,
st=CHATTISGARH,

                                     HIGH COURT OF CHHATTISGARH AT BILASPUR
c=IN
Date: 2025.08.13
11:12:46 +0530




                                                       ACQA No. 574 of 2019

                      Indian Overseas Bank Through Purendra Kumar Sahu Aged About 30 Years S/o Bhukhan
                      Lal Sahu Assistant Manager, Indian Overseas Bank Branch Dhamtari Tahsil And District
                      Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
                                                                                            ... Appellant.


                                                                versus
                      Ritesh Deshmukh S/o Shri Ambadas Bhikamrao Deshmukh R/o Durga Chowk, Banspara
                      Ward Dhamtari, Tahsil And District Dhamtari Chhattisgarh., District : Dhamtari,
                      Chhattisgarh
                                                                                          ... Respondent.

For Appellant : Ms. Vartika Shrivastava, Adv on behalf of Mr. P. R. Patankar, Advocate For Respondent : None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 12.08.2025

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

dated 29.03.2019 passed by the Judicial Magistrate First Class, Dhamtari in

Criminal Case No.1291/2017, 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. She 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