Smt. Sandhya Sharma vs Tejaswi Tripathi
2025 Latest Caselaw 852 Chatt

Chattisgarh High Court

Smt. Sandhya Sharma vs Tejaswi Tripathi on 30 July, 2025

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                                                                                   2025:CGHC:37161
Digitally signed by
AJAY KUMAR
DWIVEDI
DN: cn=AJAY
KUMAR DWIVEDI,
ou=HIGH COURT OF
                                                                                                     NAFR
CHHATTISGARH,
o=HIGH COURT OF
CHHATTISGARH,
st=CHATTISGARH,
c=IN                                 HIGH COURT OF CHHATTISGARH AT BILASPUR
Date: 2025.07.31
11:26:11 +0530



                                                       ACQA No. 167 of 2019

                      Smt. Sandhya Sharma W/o Late Shri Gaurav Sharma Aged About 36 Years R/o Near Police
                      Station- Mahaveer Chowk, Sheorinarayan, District- Janjgir- Champa, Chhattisgarh.,
                      District : Janjgir-Champa, Chhattisgarh
                                                                                               ... Appellant.


                                                                versus


                      Tejaswi Tripathi S/o Shri Umadutt Tripathi Aged About 87 Years R/o 87 Sunder Nagar, In
                      Front Of Sai Mandir, Police Station- D.D. Nagar, Raipur, Chhattisgarh., District : Raipur,
                      Chhattisgarh                                                           ... Respondent.

For Applicant : Mr. Sudhanshu Upadhyaya, Adv on behalf of Mr. Sharad Mishra, Advocate.

For Respondent : Mr. Raja Sharma, Advocate.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 30.07.2025

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

dated 10.10.2018 passed by the Judicial Magistrate First Class, Raipur in

Criminal Complaint Case No.81/2011, 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. Learned counsel for the respondent would not oppose the limited prayer made

by counsel for the appellant.

4. 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 the date of 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 order/judgment and relevant

documents to counsel for the appellant after retaining its photocopy.

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

7. Accordingly, the appeal is disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay