Ashok Bhardwaj vs Hemchand
2025 Latest Caselaw 3306 Chatt

Chattisgarh High Court

Ashok Bhardwaj vs Hemchand on 26 June, 2025

                                                                    1




                                                                                   2025:CGHC:28110
                                                                                                   NAFR

                                           HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                         ACQA No. 258 of 2021

                            Ashok Bhardwaj S/o B.D. Bhardwaj, Aged About 50 Years, Proprietor Of
                            Laxmi Tractor, R/o Kawardha, P.S. Kawardha, Civil And Revenue District
                            Kabirdham (C.G.).
                                                                                          ... Appellant
                                                                  versus
                            Hemchand S/o Kejaram Chandrakar, Aged About 55 Years, R/o Village
                            Neuragaon, Post Kishanagarh, P.S. And Tahsil Pandariya, District Kabirdham
                            (C.G.).
                                                                                        ... Respondent

For Appellant : Ms. Seema Verma, Advocate appears on behalf of Ms. Uttara Shrivastava, Advocate. For Respondent : Shri Deepak Deewan, Advocate appears on behalf of Shri Abhishek Sharma, Advocate.

SB: Hon'ble Shri Justice Sanjay S. Agrawal

Judgment on Board

26/06/2025

1) This appeal has been preferred by the appellant/complainant under

Section 378(4) of the Code of Criminal Procedure, 1973, against

the judgment of acquittal dated 21/08/2017 passed by the Judicial

Magistrate First Class, District Kabirdham (C.G.) in Criminal Case

No.609/2015, whereby, the Respondent/accused has been

acquitted of the charge under Section 138 of the Negotiable NARESH by NARESH KUMAR KUMAR KAMDE Date:

KAMDE 2025.06.27

Instrument Act, 1881.

10:46:20 +0530

2) At the outset, learned counsel appearing for the appellant submits

that recently in the judgment dated 08/04/2025 rendered by

Hon'ble Supreme Court in the matter of M/s Celestium Financial

vs. A. Gnanasekaran Etc., reported in 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. Learned Counsel for

the appellant submits further that the Supreme Court in the said

matter has reserved the liberty in favour of the petitioner therein to

prefer an appeal in the light of the provisions of Section 372 of the

Cr.P.C, and, therefore, in the instant case also the appellant may be

permitted to withdraw this appeal with liberty to prefer an appeal

before the concerned Session Judge under proviso to Section 372

Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik

Suraksha Sanhita, 2023. He further submits that the limitation may

not come in the way while deciding the appeal on its merits.

3) Learned counsel for the respondent submits that in case an appeal

is filed, the respondent will not insist upon the limitation.

4) In the light of the submissions made herein-above and considering

the law declared by the Supreme Court in the said matter, this

Court is inclined to permit the appellant to withdraw this appeal by

granting him liberty to prefer the appeal against the impugned

judgment dated 21/08/2017 passed by the Judicial Magistrate First

Class, District Kabirdham (C.G.) in Criminal Case No.609/2015,

before the concerned Sessions Judge within a period of 30 days

from the date of receipt of copy of this order. Order accordingly.

5) It is clarified that if such an appeal is preferred before the concerned

Session Judge 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.

6) Registry shall return the certified copy of the impugned judgment

and relevant documents to counsel for the appellant after retaining

the photocopy of the same and, shall remit the record to the

concerned Court forthwith.

7) Accordingly, the appeal is disposed of.

Sd/-/-Sd/-Sd/-

(Sanjay S. Agrawal) JUDGE

Kamde