Kapoorchand Sahu vs Luv Kumar Chauhan
2025 Latest Caselaw 4215 Chatt

Chattisgarh High Court

Kapoorchand Sahu vs Luv Kumar Chauhan on 3 September, 2025

                                      1


                           Digitally signed
                           by BHOLA
                           NATH KHATAI
                           Date:
                           2025.09.04
                           14:37:07 +0530




                                              2025:CGHC:45041


                                                            NAFR

           HIGH COURT OF CHHATTISGARH AT BILASPUR


                    ACQA No. 1132 of 2024

1 - Kapoorchand Sahu S/o Maharathi Sahu, Aged About 47
Years R/o Bhatapara, Kera Road, Janjgir, P.S. And Tahsil-
Janjgir, District-Janjgir-Champa (C.G.)
                                                  ... Appellant
                                versus
1 - Luv Kumar Chauhan S/o Dular Singh Chauhan, Aged About
49 Years R/o Dipti Vihar, Behind Collector's Residence, Janjgir,
P.S. And Tahsil- Janjgir, District- Janjgir-Champa (C.G.)
                                                 ... Respondent

For Appellant : Mr. Sahil Sahu, Advocate, on behalf of Mr. Ravindra Sharma, Advocate For Respondent : Mr. Amit Singh Chauhan, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board

03/09/2025

1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the judgment dated 30.07.2024 passed by learned Judicial Magistrate First Class, Janjgir, District Janjgir-Champa (C.G.) in Complaint Case No.141/2021 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 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 matter 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. The record be sent back forthwith to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge Khatai