Kwality Foundry Industries vs Ankit Ispat Private Limited
2025 Latest Caselaw 358 Chatt

Chattisgarh High Court

Kwality Foundry Industries vs Ankit Ispat Private Limited on 4 July, 2025

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Digitally signed by
                                                                                    2025:CGHC:30636
AJAY KUMAR

                                                                                                     NAFR
DWIVEDI
DN: cn=AJAY
KUMAR DWIVEDI,
ou=HIGH COURT
OF
CHHATTISGARH,
o=HIGH COURT OF

                                    HIGH COURT OF CHHATTISGARH AT BILASPUR
CHHATTISGARH,
st=CHATTISGARH,
c=IN




                                                      ACQA No. 667 of 2024
                      Kwality Foundry Industries Through Its Proprietor, Ravi Waswani, S/o Shri Gyan Chand
                      Waswani, R/o M.I.G. 4, Indrawati Colony, Raipur, Tahsil And District Raipur (C.G.)
                                                                                                 ... Appellant.
                                                                versus
                      1 - Ankit Ispat Private Limited Through Chief Managing Director, A.M.L. Towers No. 9, 6th
                      Street, Gopalpuram, Chennai (Tamilnadu)


                      2 - Ashok Agrawal S/o R.R. Agrawal Aged About 63 Years Chief Managing Director,
                      A.M.L. Steel, R/o Agrawal House House No. 213, Lands Road, Kilpark, Chennai-18
                      (Tamilnadu)


                      3 - Ajay Agrawal S/o Gourishankar Agrawal Aged About 50 Years Managing Director,
                      A.M.L. Steel, R/o Agrawal House House No. 213, Lands Road, Kilpark, Chennai-18
                      (Tamilnadu)


                      4 - Ankit Agrawal S/o Ashok Agrawal Aged About 36 Years Director A.M.L. Steel, R/o
                      Agrawal House House No. 213, Lands Road, Kilpark, Chennai-18 (Tamilnadu)
                                                                                              ... Respondents.

For Appellant. : Mr. Sourabh Agrawal, Adv on behalf of Mr. Ratnesh Kumar Agrawal, Advocate.

For Respondent : None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 04.07.2025

1. The appellant has filed this acquittal appeal against the judgment of acquittal

dated 10.05.2023 passed by the Judicial Magistrate First Class, Raipur

Criminal Case No.749/2016, whereby, the respondent/accused has been

acquitted of the charge under Section 138 of the Negotiable Instruments Act,

1881 (for short, "the NI Act").

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. He 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

45 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 order/judgment and relevant

documents to counsel for the appellant after retaining its photocopy.

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

6. Accordingly, the appeal is disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay/Avinash.