Jaiprakash Ganwani vs Suresh Kumar Verma
2025 Latest Caselaw 3782 Chatt

Chattisgarh High Court

Jaiprakash Ganwani vs Suresh Kumar Verma on 28 August, 2025

                                          1


                                          Digitally signed
                                          by SHUBHAM
                            SHUBHAM       SINGH
                            SINGH         RAGHUVANSHI
                            RAGHUVANSHI   Date:
                                          2025.08.30
                                          14:03:27 +0530




                                                                    NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR



                         ACQA No. 766 of 2024


Jaiprakash Ganwani S/o Lt. Shri Dr.N. Ganwani Aged About 46 Years
R/o Ekta Chowk, P.O. Near Bhilai-3, Bhilai-4, District Durg, Chhattisgarh
                                                             ... Appellant


                                  versus


Suresh Kumar Verma S/o Sudharam Verma Aged About 40 Years Ekta
Chowk, P.O. Near Bhilai-3, Annapurna Flour Mill, Bhilai-3, District Durg,
Chhattisgarh
                                                             ... Respondent

For Appellant : Mr. Rishi Sahu, Advocate on behalf of Mr. Jitendra Gupta, Advocate For Respondent : Mr. Aman Tamrakar, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 28.08.2025

1. This acquittal appeal U/s 378(4) of Cr.P.C. has been filed against the judgment dated 12.04.2022 passed by learned Judicial Magistrate First Class, Bhilai-3, District Durg (C.G.) in Criminal Case No.401/2019 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