Khemraj Kurre vs Shalikram Nishad
2025 Latest Caselaw 4325 Chatt

Chattisgarh High Court

Khemraj Kurre vs Shalikram Nishad on 9 September, 2025

                                        1


                          Digitally signed
                          by BHOLA
                          NATH KHATAI
                          Date:
                          2025.09.11
                          11:54:06 +0530



                                              2025:CGHC:45918


                                                           NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR


                       CRMP No. 142 of 2025

1 - Khemraj Kurre S/o Shri Aayud Kumar Kurre Aged About 38
Years R/o Khauna, PS Dharsiwa, District Raipur (C.G.)
                                               ... Petitioner(s)
                                  versus
1 - Salikram Nishad S/o Shri Ramji Nishad Aged About... Years,
R/o Village Ghot, Ward No. 06 Satnami Para. Post Bana PS And
Tahsil Arang, District Raipur (C.G.)
                                             ... Respondent(s)

For Petitioner : Mr. Dheerendra Pandey, Advocate For Respondent : None.

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

09/09/2025

1. This CRMP U/s 419(4) of the BNSS has been filed seeking leave to appeal against the judgment dated 23.08.2024 passed by the learned Judicial Magistrate First Class, Raipur,(C.G.) in Complaint Case No.5599/2021 whereby the respondent has been acquitted of the offence under Section 138 of N.I. Act.

2. At the outset, learned counsel for the petitioner 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 petition stands disposed of reserving liberty in favour of the petitioner 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 petitioner after retaining photocopy of the same.

5. The record be sent back forthwith to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge Khatai