J.P. Pandey (Died) Through Lrs vs Tarun Kumar Sharma
2025 Latest Caselaw 4135 Chatt

Chattisgarh High Court

J.P. Pandey (Died) Through Lrs vs Tarun Kumar Sharma on 1 September, 2025

                                  1

                                                  Digitally signed
                                                  by SHUBHAM
                                      SHUBHAM     SINGH
                                      SINGH       RAGHUVANSHI
                                      RAGHUVANSHI
                                                  Date: 2025.09.02
                                                  11:48:43 +0530




                                                                            NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR



                       ACQA No. 122 of 2024



1 - J.P. Pandey (Died) Through Lrs.


1.1 - 1 A. Smt. Pushpa Pandey W/o Late J. P. Pandey Aged About 48
Years R/o Behind Dreamland School Sai Residency Colony, New
Sarkanda, Bilaspur District- Bilaspur Chhattisgarh.
                                                                     ... Appellant


                               versus


Tarun Kumar Sharma S/o Narayan Prasad Sharma, R/o Adjacent To
The Ram Temple, Yadunandan Nagar Colony, Tifra, Bilaspur, Tahsil
And District Bilaspur Chhattisgarh.
                                                                     ... Respondent

For Appellant : Mr. G.V. Kutumba Rao, Advocate For Respondent : None

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 01/09/2025

1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 04.02.2021 passed by learned Judicial Magistrate First Class, District Bilaspur (C.G.) in NIA

Case No. 537/2016 whereby, the respondent/accused has been acquitted of the charge for commission of offence under Section 138 of N.I. Act.

2. At the outset, learned counsel for the appellant 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 of 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 Appeal stands disposed of reserving liberty in favour of the appellant 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 photocopy of the same.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge Shubham