Cholamandlam Investment And Finance ... vs Chamruram Kashyap
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Chattisgarh High Court

Cholamandlam Investment And Finance ... vs Chamruram Kashyap on 1 September, 2025

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SOURABH PATEL
PATEL
                                                      1
        Date:
        2025.09.02
        10:15:40
        +0530




                                                                   2025:CGHC:44408
                                                                                  NAFR
                            HIGH COURT OF CHHATTISGARH AT BILASPUR
                                         CRMP No. 2439 of 2025

                     1 - Cholamandlam Investment And Finance Company Ltd. A
                     Company    Registered Under Companies Act 1956, Having
                     Corporate Office At Chennai And Branch Office At Jagdalpur,
                     District- Bastar, C.G. Through- Authorised Power Of Attorney-
                     Rahul Yadav, Branch Legal Manager, S/o Shri Suraj Pal Yadav,
                     Aged 26, At- Branch Office, Near Jhankar Talkies, Nirmal
                     Vidyalaya Road, Jagdalpur, District- Bastar ( C. G. ).
                                                                             ... Petitioner
                                                   versus

                     1 - Chamruram Kashyap S/o Shri Bodiram Kashyap At Near
                     Chruch, House No. 38, Sarpanchpara, Village Mohlai, Pandanar,
                     Tahsil Bakavand, Ps Bakavand, District- Bastar ( C.G. ).
                                                                        ... Respondent

                     For Appellant           : Mr. Akash Mishra, Adv.
                     For Respondent          : Not noticed.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 01/09/2025

1. This petition U/s 419(4) of the BNSS has been filed against the judgment dated 28.03.2025 passed by the learned Judicial Magistrate First Class, Jagdalpur, District Bastar (C.G.) in Complaint Case No. 221/2024 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the N.I. Act.

2. At the outset, learned counsel for the petitoner submits that

recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a complaint filed under section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the "BNSS"). He submits that the Supreme Court has further held that the complainant in a complaint under section 138 of the Act of 1881 can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS. Learned counsel 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 petitioner to file an appeal within a period of 60 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge Sourabh P.