Vidya Krishi Kendra Bori vs Chetan Patel
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Chattisgarh High Court

Vidya Krishi Kendra Bori vs Chetan Patel on 29 July, 2025

                                                          1




                                                                       2025:CGHC:36973
                                                                                      NAFR

                                HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                ACQA No. 58 of 2023

                        • Vidya Krishi Kendra Bori, Tahsil Dhamdha, District Durg (C.G.),
                          Through Beni Ram Patel S/o Khillu Ram Patel, Aged About 41
                          Years, R/o Village Gadaghat , Tahsil Dhamdha, District Durg (C.G.).
                          (Complainant)
CHANDRAKANT
DEWANGAN
                                                                                  ... Appellant
                                                       versus
Digitally signed
by
CHANDRAKANT             • Chetan Patel S/o Kanhaiya Aged About 55 Years R/o Village
DEWANGAN
Date: 2025.07.29
17:43:32 +0530
                          Khilaura Khurd, Post Ghotha, Tehsil Dhamdha, District Durg
                          Chhattisgarh.
                                                                             ... Respondent

                   For Appellant          :   Mr. R.K. Gomasta, Advocate.
                   For Respondent         :   Mr. Avinash Chand Sahu, Advocate.


                                   SB: Hon'ble Shri Justice Sanjay S. Agrawal

                                                 Judgment on Board

                   29/07/2025


                   1)      This appeal has been preferred by the appellant/complainant under

Section 378(4) of the Code of Criminal Procedure, 1973, against

the judgment of acquittal dated 03/08/2021 passed by the Judicial

Magistrate First Class, Durg, District Durg (C.G.) in Case

No.3060/2018, whereby, the Respondent/accused has been

acquitted of the charge under Section 138 of the Negotiable

Instrument Act, 1881.

2) At the outset, learned counsel appearing for the appellant submits

that recently in the judgment dated 08/04/2025 rendered by

Hon'ble Supreme Court in the matter of M/s Celestium Financial

vs. A. Gnanasekaran Etc., reported in 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 for

the appellant submits further that the Supreme Court in the said

matter has reserved the liberty in favour of the petitioner therein to

prefer an appeal in the light of the provisions of Section 372 of the

Cr.P.C, and, therefore, in the instant case also the appellant may be

permitted to withdraw this appeal with liberty to prefer an appeal

before the concerned Session Judge under proviso to Section 372

Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik

Suraksha Sanhita, 2023. He further submits that the limitation may

not come in the way while deciding the appeal on its merits.

3) Learned counsel for the respondent submits that in case an appeal

is filed, the respondent will not insist upon the limitation.

4) In the light of the submissions made herein-above and considering

the law declared by the Supreme Court in the said matter, this

Court is inclined to permit the appellant to withdraw this appeal by

granting him liberty to prefer the appeal against the impugned

judgment dated 03/08/2021 passed by the Judicial Magistrate First

Class, Durg, District Durg (C.G.) in Case No.3060/2018, before the

concerned Sessions Judge within a period of 30 days from the date

of receipt of copy of this order. Order accordingly.

5) It is clarified that if such an appeal is preferred before the concerned

Session Judge 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.

6) Registry shall return the certified copy of the impugned judgment

and relevant documents to counsel for the appellant after retaining

the photocopy of the same and, shall remit the record to the

concerned Court forthwith.

7)     Accordingly, the appeal is disposed of.

                                                                 Sd/-
                                                          (Sanjay S. Agrawal)
                                                                JUDGE

Chandrakant