Chandrabhan Pandey vs Chandra Prakash Rajwade
2025 Latest Caselaw 4219 Chatt

Chattisgarh High Court

Chandrabhan Pandey vs Chandra Prakash Rajwade on 3 September, 2025

                                         1


                           Digitally signed
                           by BHOLA
                           NATH KHATAI
                           Date:
                           2025.09.04
                           14:37:47 +0530




                                                2025:CGHC:45039


                                                             NAFR

       HIGH COURT OF CHHATTISGARH AT BILASPUR

                      ACQA No. 687 of 2024

1 - Chandrabhan Pandey S/o Shri Vindhyachal Pandey, Aged
About 30 Years Caste- Brahman, R/o Mandi, Police Station And
Tehsil - Baikunthpur, District- Koriya (C.G.)
                                                   ... Applicant
                                  versus
1 - Chandra Prakash Rajwade S/o Laxman Prasad Rajwade, Caste
- Rajwar, R/o Village - Majhgawan, Police Station And Tahsil-
Baikunthpur, District- Koriya (C.G.)
                                                ... Respondent

For Appellant : Mr. Kaushal Yadav, Advocate For Respondent : Mr. Prashant Sahu, Advocate, on behalf of Mr. S. K. Kushwaha, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board

03/09/2025

1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the order dated 26.02.2020 passed by the learned Judicial Magistrate First Class, Baikunthpur, District Koriya (C.G.) in Criminal Case No. 72/2019 whereby, the complaint case has been dismissed due to non-prosecution, which amounts to the acquittal of the Respondent/accused 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