Jaynand Pradhan vs Vijay Kumar Shastri
2025 Latest Caselaw 3761 Chatt

Chattisgarh High Court

Jaynand Pradhan vs Vijay Kumar Shastri on 28 August, 2025

                                                     1




                                                                            NAFR
                            HIGH COURT OF CHHATTISGARH AT BILASPUR
                                       ACQA No. 930 of 2024
                   1 - Jaynand Pradhan S/o Sahebram Pradhan Aged About 62
                   Years R/o Village Dansara, Taluka Sarangarh, District Raigarh
                   (C.G.)
                                                                       ... Appellant
                                                versus
                   1 - Vijay Kumar Shastri S/o Ramsnehi Shastri Aged About 51
                   Years R/o Village Malkharoda, Taluka Malkharoda, District
                   Janjgir-Champa (C.G.)
                                                                    ... Respondent

For Appellant : Mr. Ravi Kumar Banjare, Adv.

For Respondent : None.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 28/08/2025

1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 28.06.2022 passed by the learned Judicial Magistrate First Class, Sarangarh, District Raigarh (C.G.) in Complaint Case No. 20/2016 whereby the complaint case has been dismissed due to non-prosecution, which amounts to the acquittal of the respondent/accused for the commission of the offence under Section 138 of the N.I. Act.

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 H.L. Sahu