Akshyay Kumar Chawada vs Smt. Suman
2025 Latest Caselaw 4380 Chatt

Chattisgarh High Court

Akshyay Kumar Chawada vs Smt. Suman on 11 September, 2025

                                                         1




                                                                       2025:CGHC:46544

                                                                                     NAFR

                                HIGH COURT OF CHHATTISGARH AT BILASPUR


                                              ACQA No. 153 of 2021


                        • Akshyay Kumar Chawada S/o Shri Mohan Bhai Chawada, Aged
                          About 36 Years, R/o Laxmi Surgical, Jeevan Rekha Parisar, In front
CHANDRAKANT
DEWANGAN
                          Of New Bus Stand, Durg, Tahsil And District Durg (C.G.).
                                                                                 ... Appellant
Digitally signed
by                                                    versus
CHANDRAKANT
DEWANGAN
Date:
2025.09.11
16:44:16 +0530          • Smt. Suman W/o Shri Amit Thakur, Aged About 40 Years, R/o In
                          front Of Sapna Kirana Stores Wale Gali, Ward No.59, Hari Nagar,
                          Durg, Tahsil And District Durg (C.G.).
                                                                               ... Respondent

For Appellant : Mr. Shikhar Sharma, Advocate.

For Respondent : Mr. Harshwardhan Singh Thakur, Advocate appears on behalf of Mr. B.P. Singh, Advocate.

SB: Hon'ble Shri Justice Sanjay S. Agrawal

Judgment on Board

11/09/2025

1) This appeal has been preferred by the appellant/complainant under

Section 378(4) of the Code of Criminal Procedure, 1973, against

the judgment of acquittal dated 16/03/2021 passed by the Judicial

Magistrate First Class, Durg, District Durg (C.G.) in Case

No.5006/2017, whereby, the Respondent/accused has been

acquitted of the charge under Section 138 of the Negotiable

Instrument Act, 1881.

2) At the outset, learned counsel appearing for the appellant submits

that recently in the judgment dated 08/04/2025 rendered by Hon'ble

Supreme Court in the matter of M/s Celestium Financial vs. A.

Gnanasekaran Etc., reported in 2025 INSC 804, right to file appeal

under proviso to Section 372 Cr.P.C. was discussed and it was held

that the victim shall have a right to prefer an appeal against any

order passed by the Court acquitting the accused and such appeal

shall lie to the Court to which an appeal ordinarily lies against the

order of conviction of such Court. Learned Counsel for the

appellant submits further that the Supreme Court in the said matter

has reserved the liberty in favour of the petitioner therein to prefer

an appeal in the light of the provisions of Section 372 of the Cr.P.C,

and, therefore, in the instant case also the appellant may be

permitted to withdraw this appeal with liberty to prefer an appeal

before the concerned Session Judge under proviso to Section 372

Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik

Suraksha Sanhita, 2023. He further submits that the limitation may

not come in the way while deciding the appeal on its merits.

3) Learned counsel for the respondent submits that in case an appeal

is filed, the respondent will not insist upon the limitation.

4) In the light of the submissions made herein-above and considering

the law declared by the Supreme Court in the said matter, this

Court is inclined to permit the appellant to withdraw this appeal by

granting him liberty to prefer the appeal against the impugned

judgment dated 16/03/2021 passed by the Judicial Magistrate First

Class, Durg, District Durg (C.G.) in Case No.5006/2017, before the

concerned Sessions Judge within a period of 60 days from the date

of receipt of copy of this order. Order accordingly.

5) It is clarified that if such an appeal is preferred before the concerned

Session Judge 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.

6) Registry shall return the certified copy of the impugned judgment

and relevant documents to counsel for the appellant after obtaining

the photocopy of the same and, shall remit the record to the

concerned Court forthwith.

7)     Accordingly, the appeal is disposed of.

                                                                 Sd/-
                                                          (Sanjay S. Agrawal)
                                                                JUDGE

Chandrakant