Hemkantapuri Goswami vs Anand Tamrakar
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Chattisgarh High Court

Hemkantapuri Goswami vs Anand Tamrakar on 16 June, 2025

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                                                                         2025:CGHC:24475
Digitally
signed by
AJAY
KUMAR
DWIVEDI                                                                                 NAFR
Date:
2025.06.17
10:23:28
+0530
                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                             CRMP No. 1850 of 2025

             Hemkantapuri Goswami S/o Prakeshpuri Goswami Aged About 50 Years R/o Village
             Chirchari, Police Station - Gurur, Tehsil - Gurur, District - Balod Chhattisgarh
             (Complainant)                                                          ... Petitioner.


                                                       versus
             Anand Tamrakar S/o Namaium Aged About 47 Years R/o Proprietor Vaishnavi Agrotek
             House No. E-24, Behind Mining Office, Parsu Ram Nagar, Purena Road Raipur, Block And
             District - Raipur Chhattisgarh (Non-Applicant)
                                                                                ... Respondent.

For Petitioner : Mr. Vineet Pandey, 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 11.03.2025 passed by the Judicial Magistrate First Class,

Balod in Complaint Case No.945/2021, 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