Hariom Finance Company vs Krishna Singh
2025 Latest Caselaw 4170 Chatt

Chattisgarh High Court

Hariom Finance Company vs Krishna Singh on 2 September, 2025

                                      1




                                                    2025:CGHC:44779



          HIGH COURT OF CHHATTISGARH AT BILASPUR

                           ACQA No. 743 of 2024



Hariom Finance Company Through - Smt. Shagufta Khatun, Aged About 37
Years, W/o Firoz Khan, Authorized Agent Hariom Finance, Through -
Proprietor Hariom Finance, R/o. Azad Mohalla, Near Gousiya Masjid, Ward
No.20, Camp-1, Bhilai, District Durg Chhattisgarh. ..........Complainant.
                                                             ... Appellant

                                   versus

Krishna Singh W/o Late Kamlesh Singh Aged About 34 Years R/o. C. H.-
773, Ward No. Near Naveen School, Pole No 20/112, Adityanagar, District
Durg Chhattisgarh........Accused.                      ... Respondent

:

For the petitioner Mr. Rishi Sahu, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board

02.09.2025

1. This acquittal appeal U/s 419(4) of BNSS has been filed against the judgment dated 27.08.2021 passed by the learned Judicial Magistrate First Class, Durg (C.G.) in Complaint Case No. 518 of 2013 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has rendered the decision in 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 of appeal.

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 the date of receipt of a copy 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 Rao