Sandeep Dewangan vs Jitendra Sharma
2025 Latest Caselaw 3053 Chatt

Chattisgarh High Court

Sandeep Dewangan vs Jitendra Sharma on 16 June, 2025

                                                           1




                                                                         2025:CGHC:24467
Digitally
signed by
AJAY
KUMAR
DWIVEDI                                                                                 NAFR
Date:
2025.06.17
10:23:26                 HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530



                                             CRMP No. 1714 of 2025
             Sandeep Dewangan S/o Shri Kanhaiyya Dewangan Aged About 38 Years R/o Dewangan
             Para, Kawardha District - Kabirdham, (C.G.)
                                                                                  ... Petitioner.


                                                      versus
             Jitendra Sharma S/o Late Shri Ramkumar Sharma Aged About 40 Years R/o Village Silhati,
             P.S. Bodla District - Kabirdham (C.G.)
                                                                                 ... Respondent.

For Petitioner : Mr. Dinesh Tiwari, 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 order/judgment of

acquittal dated 15.04.2025 passed by the Judicial Magistrate First Class,

Kabirdham (Kawardha) in Criminal Case No.148/2020, 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 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 CRMP is disposed of.

7. Pending application(s) if any also stand disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay/Priyanka.