Ishwari Prasad (Died) Through Legal ... vs Mahesh @ Muchkund Choubey
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Ishwari Prasad (Died) Through Legal ... vs Mahesh @ Muchkund Choubey on 3 September, 2025

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                          by BHOLA
                          NATH KHATAI
                          Date:
                          2025.09.04
                          14:36:22 +0530




                                             2025:CGHC:45040


                                                           NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR


                    ACQA No. 966 of 2024

1 - Ishwari Prasad (Died) Through Legal Heirs Vaibhav Pandey
S/o Late Ishwari Prasad, Aged About 34 Years R/o Ward No. 06,
Bemetara, Police Station, Tahsil And District - Bemetara (C.G.)
                                                ... Appellant
                                 versus
1 - Mahesh @ Muchkund Choubey S/o Shivchran Choubey R/o
Village And Post Umariya, P.S. Dadi Tahsil And District
Bemetara (C.G.)
                                                ... Respondent

For Appellant : Mr. Navneet Kumar Yadav, Advocate For Respondent : Ms. Prachi Singh, 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 21.06.2024 passed by learned Judicial Magistrate First Class, Bemetara, District Bemetara (C.G.) in Complaint Case No.753/2019 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