Indian Agro And Food Industries Ltd vs Sandeep Lal
2025 Latest Caselaw 3740 Chatt

Chattisgarh High Court

Indian Agro And Food Industries Ltd vs Sandeep Lal on 26 August, 2025

                                           1

                                     Digitally signed
                                     by SHUBHAM
                         SHUBHAM     SINGH
                         SINGH       RAGHUVANSHI
                         RAGHUVANSHI Date:
                                     2025.08.28
                                     13:22:57 +0530




                                                        2025:CGHC:43322
                                                                     NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR


                         ACQA No. 970 of 2024

Indian Agro And Food Industries Ltd., Corporate Office - Village
Indamara, District Rajnandgaon (C.G.), Through Field Manager-Sheikh
Nawabuddin, S/o Sheikh Babuddin, Aged About 34 Years, Mamta
Nagar, Gali No. 07, Ward No. 19, Shahar, Tahsil And District
Rajnandgaon (C.G.) Zip 491441
                                                               ... Appellant
                                      versus
Sandeep Lal S/o Late Masihdan, (Wrongly Mentioned As Not Known)
Aged About 55 Years R/o Village Farhad, Post Somani, Tahsil And
District Rajnandgaon (C.G.), Zip 491441
                                                             ... Respondent

For Appellant : Mr.Rohan Kumbhare, Advocate on behalf of Mr. T.K. Jha, Advocate For Respondent : Ms. Shruti Jha, Advocate on behalf of Mr. Anand Shukla, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 26.08.2025

1. This acquittal appeal U/s 378(4) of Cr.P.C. has been filed against the judgment dated 08.11.2023 passed by the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case No.157/2016 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