Narayan Bhattacharya vs Sunita Yadav
2025 Latest Caselaw 3056 Chatt

Chattisgarh High Court

Narayan Bhattacharya vs Sunita Yadav on 16 June, 2025

                                                         1




                                                                           2025:CGHC:24442
Digitally
signed by
AJAY
KUMAR
DWIVEDI                                                                                     NAFR
Date:
2025.06.17
10:23:27
+0530
                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                            CRMP No. 1835 of 2025

             Narayan Bhattacharya S/o Dinesh Bhattacharya Aged About 72 Years R/o Budhwari Bazar
             Korba, Tahsil And District Korba (C.G.)
                                                                                       ... Petitioner.


                                                       versus


             Sunita Yadav W/o Aanandram Yadav Aged About 45 Years R/o Housing Board Colony, Lig-
             49 Silyari Bhatha Urga Post Urga Tahsil And District Korba (C.G.)
                                                                                    ... Respondent.

For Petitioner : Mr. Prakhar Datt, Advocate on behalf of Mr. Anil Tripathi, 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 04.03.2025 passed by the Judicial Magistrate First Class,

Korba in Complaint Case No.1970/2021, 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 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.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay/Priyanka.