Gautam Jain vs Ashok Mishra, Aged About 58 Years
2025 Latest Caselaw 3357 Chatt

Chattisgarh High Court

Gautam Jain vs Ashok Mishra, Aged About 58 Years on 30 June, 2025

                                                       1




                                                                         2025:CGHC:29027

Digitally
signed by
AJAY KUMAR
                                                                                        NAFR
DWIVEDI
Date:
2025.07.01
11:18:46                   HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530



                                            ACQA No. 79 of 2024

             Gautam Jain S/o Ratanlal Jain Aged About 44 Years (Wrongly Mentioned As 38 Years In
             The Impugned Order), R/o Near Soni Battery, Brahman Para, Durg, Tehsil And District-
             Durg (C.G.)
                                                                                     ... Appellant.


                                                     versus
             Ashok Mishra, Aged About 58 Years, R/o Brahman Para Mohalai, P.S.- Pulgaon, Tehsil And
             District-Drug (C.G.)
                                                                                  ... Respondent.

For Appellant. : Mr. Prasoon Agrawal, Advocate.

             For Respondent         :   None.


                               SB : Hon'ble Shri Justice Deepak Kumar Tiwari
                                        Order on Board
                    30.06.2025

1. The appellant has filed this acquittal appeal against the judgment of acquittal

dated 24.08.2023 passed by the Judicial Magistrate First Class, Durg in

Complaint Case No.RCC/5964/2017, 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. Counsel for the respondent submits that he has filed Vakalatnama today itself

and he has no objection with regard to the aforesaid limited prayer.

4. In view of the aforesaid submission and considering the law declared in the

matter of Celestium Financial (supra), this appeal stands disposed of

reserving liberty in favour of the appellant to file an appeal within a period of

45 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.

5. Registry shall return the certified copy of the order/judgment and relevant

documents to counsel for the appellant after retaining its photocopy.

6. Registry shall send back the record to the concerned Court.

7. Accordingly, the appeal is disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay/Priyanka