Satish Kumar Rathor vs Lav Kumar Chauhan
2025 Latest Caselaw 3738 Chatt

Chattisgarh High Court

Satish Kumar Rathor vs Lav Kumar Chauhan on 26 August, 2025

                                                1


                                            Digitally signed
                                            by SHUBHAM
                                SHUBHAM     SINGH
                                SINGH       RAGHUVANSHI
                                RAGHUVANSHI Date:
                                            2025.08.28
                                            13:24:38 +0530




                                                               2025:CGHC:43323
                                                                             NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR


                            ACQA No. 39 of 2025

Satish Kumar Rathor S/o Shri Bharat Lal Rathor Aged About 39 Years R/o
Purani Basti, Janjgir, Police Station And Tahsil Janjgir, District Janjgir Champa
Chhattisgarh.
                                                                      ... Appellant


                                           versus


Lav Kumar Chauhan S/o Shri Dwarika Chauhan Aged About 45 Years R/o
Behind Of I.B. Rest House, Near Bajrangbali Mandir, Janjgir, Police Station
And Tahsil Janjgir, District Janjgir Champa Chhattisgarh.
                                                                    ... Respondent

For Appellant : Mr. Parasmani Shrivas, Advocate For Respondent : Mr. Amit Singh Chouhan, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 26.08.2025

1. This acquittal appeal U/s 419(4) of BNSS has been filed against the judgment dated 15.10.2024 passed by the learned Judicial Magistrate First Class, Janjgir, District Janjgir-Champa (C.G.) in Complaint Case No.116/22 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has delivered a judgment in the matter of M/s.

Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding 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"). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel 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 60 days from 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge Shubham