Awadh Bihari Dwivedi vs Vishwajeet Dey
2025 Latest Caselaw 4104 Chatt

Chattisgarh High Court

Awadh Bihari Dwivedi vs Vishwajeet Dey on 29 August, 2025

                                              1

                                          Digitally signed
                                          by SHUBHAM
                              SHUBHAM     SINGH
                              SINGH       RAGHUVANSHI
                              RAGHUVANSHI Date:
                                          2025.09.01
                                          13:11:02 +0530




                                                             2025:CGHC:44069
                                                                          NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR

                         ACQA No. 615 of 2024
Awadh Bihari Dwivedi S/o Ramdhanidhar Dwivedi Aged About 53 Years
Occupation Service, R/o Chandrashekhar Azad Ward Kedarpur, Nagar-
Ambikpur, District Surguja Chhattisgarh.
                                                                     ... Appellant
                                        versus
Vishwajeet Dey S/o Sudhanshu Dey Aged About 50 Years R/o Shashi
Vihar Colony, Bariyatu, Post And Police Station Bariyatu, District Ranchi
Jharkhand.
                                                                  ... Respondent

For Appellant             :               Mr. J.K. Saxena, Advocate


                Hon'ble Shri Justice Sanjay Kumar Jaiswal

                          Judgment on Board
29.08.2025

1. This acquittal appeal U/s 378(4) of Cr.P.C. has been filed against the order dated 17.01.2020 passed by the learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) in Complaint Case No.183/2014 whereby, the case of the appellant filed against respondent/accused under Section 138 of the Negotiable Instruments Act, 1881 was dismissed for want of prosecution. Against the said order, the Appellant/complainant has moved an application for restoration of the complaint case before the learned JMFC itself and vide order dated 24.05.2022, the learned JMFC has also dismissed the said application.

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. The dismissal of the complaint case by the learned JMFC has the effect of acquitting the accused/Respondent. In the light of Celestium Financial (supra), the appeal is maintainable.

4. In view of the aforesaid 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.

5. 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.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge Shubham