Jitendra Kumar Gupta vs Smt. Chhat Bai Miri
2025 Latest Caselaw 3051 Chatt

Chattisgarh High Court

Jitendra Kumar Gupta vs Smt. Chhat Bai Miri on 16 June, 2025

                                                          1




                                                                          2025:CGHC:24444
Digitally
signed by
AJAY
KUMAR
DWIVEDI                                                                                    NAFR
Date:
2025.06.17
10:23:26
+0530
                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                             CRMP No. 1377 of 2025

             Jitendra Kumar Gupta S/o Late Ramjee Sao Aged About 38 Years R/o Lig- 107, Housing
             Board Colony, Dadarkhurd, Korba, Tahsil And District- Korba (C.G.)
                                                                                      ... Petitioner.


                                                        versus
             Smt. Chhat Bai Miri W/o Sukul Miri Aged About 38 Years R/o House No. 194, Village
             Godhi, Tahsil And District- Korba (C.G.) At Present R/o Quarter No. 207, C.S.E.B. Colony,
             Korba, Tahsil And District- Korba (C.G.)
                                                                                   ... Respondent.

For Petitioner : Mr. HAPS Bhatia, Adv on behalf of Mr. Anil Kumar Gulati, Advocate.

For Respondent : None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 16.06.2025

1. The appellant has filed this Petition under Section 419(4) of the BNSS,

2023 for grant of special leave to Appeal against the judgment of

acquittal dated 18.02.2025 passed by the Judicial Magistrate First Class,

Korba in Criminal Case No.1016/2021, 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 petition stands disposed

of reserving liberty in favour of the appellant to file an appeal within a

period of 30 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 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 CRMP is disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay