Jagmohan Banjare vs Vijay Tamboli
2025 Latest Caselaw 3356 Chatt

Chattisgarh High Court

Jagmohan Banjare vs Vijay Tamboli on 30 June, 2025

                                                                      1




                                                                                   2025:CGHC:29020
                                                                                                  NAFR

                                           HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                           ACQA No. 241 of 2021

                            Jagmohan Banjare S/o Late Baishakhu Banjare Aged About 26 Years R/o
                            Village    Samoda,    Police    Station   Pulgaon, Tehsil And    District   Durg
                            Chhattisgarh
                                                                                          ... Appellant
                                                                  versus
                            Vijay Tamboli S/o Bhagwati Prasad Baijnath Para, Durg, Police Station Durg,
                            Near Surana Public School, Tehsil And District Durg Chhattisgarh
                                                                                         ... Respondent

For Appellant : Shri Shrawan Agrawal, Advocate. For Respondent : Shri Amit Nayak, Advocate appears on behalf of Shri Avinash Chand Sahu, Advocate.

SB: Hon'ble Shri Justice Sanjay S. Agrawal

Judgment on Board 30/06/2025

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 27/02/2021 passed by the Judicial

Magistrate First Class, Durg, District-Durg (C.G.) in Complaint Case

No.29287/2013, whereby, the Respondent/accused has been

acquitted of the charge under Section 138 of the Negotiable

Instrument Act, 1881.

NARESH   by NARESH

KUMAR    Date:
KAMDE    2025.07.01
         10:52:14 +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 27/02/2021 passed by the Judicial Magistrate First

Class, Durg, District-Durg (C.G.) in Complaint Case

No.29287/2013, 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/-

(Sanjay S. Agrawal) JUDGE

Kamde