M/S Anand Traders vs Vinit Singh Construction Company
2025 Latest Caselaw 3778 Chatt

Chattisgarh High Court

M/S Anand Traders vs Vinit Singh Construction Company on 28 August, 2025

                                         1

                                            Digitally signed
                                            by SHUBHAM
                                SHUBHAM     SINGH
                                SINGH       RAGHUVANSHI
                                RAGHUVANSHI Date:
                                            2025.08.29
                                            10:34:46 +0530




                                                                      NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR


                          ACQA No. 253 of 2025


M/s Anand Traders Through Sole Proprietor Ashish Kesharwani S/o
Late Shri Kamal Kishore Kesharwani, Aged About 30 Years R/o Ring
Road No. 2, P.S. Civil Line, District Bilaspur Chhattisgarh
                                                                ... Appellant
                                   versus
1 - Vinit Singh Construction Company Through Director Vinit Singh,
Office Address Maharana Pratap Nagar, Yadunandan Nagar Tifra, P.S.
Sirgitti, Bilaspur District Bilaspur Chhattisgarh


2 - Vinit Singh S/o Late Shri Sudhir Singh Aged About 50 Years Director
Vinit Singh Construction Company, R/o Om Nagar, Jarhabhata Bilaspur
P.S. Civil Line, District Bilaspur Chhattisgarh
                                                               ... Respondents

For Appellant : Mr. Harshal Chouhan, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 28.08.2025

1. This acquittal appeal U/s 419(4) of BNSS has been filed against the judgment dated 19.03.2024 passed by learned Chief Judicial Magistrate, Bilaspur (C.G.) in Complaint Case No.1070/2014 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 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. 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