Satish Kumar Agrawal vs Alok Agrawal
2025 Latest Caselaw 4105 Chatt

Chattisgarh High Court

Satish Kumar Agrawal vs Alok Agrawal on 29 August, 2025

                                           1

                                       Digitally signed
                                       by SHUBHAM
                           SHUBHAM     SINGH
                           SINGH       RAGHUVANSHI
                           RAGHUVANSHI Date:
                                       2025.08.30
                                       14:04:03 +0530




                                                            2025:CGHC:44067


                                                                         NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR



                        ACQA No. 241 of 2024


Satish Kumar Agrawal S/o Late Bhagatnarayan Aged About 74 Years
R/o 142 K.K. Ward, Bhatapara, Police Station Bhatapara City, District
Baloda Bazar - Bhatapara, Chhattisgarh.(Complainant)
                                                                  ... Appellant


                                     versus


Alok Agrawal S/o Dilip Agrawal, R/o Tani Motors, Near Janpad Office,
Kharora Road, Tilda, District Raipur, Chhattisgarh,...(Accused)
                                                                 ... Respondent

For Appellant : Ms. Vidhi Agrawal, Advocate For Respondent : Mr. V.K. Pandey, 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 judgment dated 19.02.2024 passed by learned Judicial Magistrate First Class, Bhatapar, District Baloda Bazar (C.G.) in Negotiable Complaint Case No.20/2019 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