Niranjan Singh vs Naushad Khan
2025 Latest Caselaw 4539 Chatt

Chattisgarh High Court

Niranjan Singh vs Naushad Khan on 18 September, 2025

                                  1

                                        Digitally
                                        signed by
                                        BHOLA
                               BHOLA    NATH
                               NATH     KHATAI
                                        Date:
                               KHATAI   2025.09.19
                                        10:23:40
                                        +0530




                                                              NAFR

       HIGH COURT OF CHHATTISGARH AT BILASPUR

                         ACQA No. 5 of 2025

1 - Niranjan Singh S/o Shri Rambhajan Singh Aged About 39
Years (Now 49 Years), R/o Kanshinagar Korba, Tahsil And District
- Korba (Chhattisgarh)
                                                     ... Appellant
                               versus
1 - Nausad Khan S/o Muslim Khan Aged About 33 Years (Now 43
Years), R/o House No. D-101, Housing Board Colony Balco, Tahsil
And District - Korba (Chhattisgarh), Present Address- Parsabhatha
Near Kerla Hotel, Balco, Police Station- Balconagar, District- Korba
Chhattisgarh
                                                      ... Respondent

For Appellant : Mr. Kanhaiya Ram Yadav, Advocate, on behalf of Mr. Dharmesh Shrivastava, Adv. For Respondent : Mr. Virendra Vaishnav, Advocate, on behalf of Mr. Parag Kotecha, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

18/09/2025

1. This acquittal appeal U/s 419(4) of BNSS, 2023 has been filed against the judgment dated 11.09.2024 passed by learned Judicial Magistrate First Class, Korba, District Korba (C.G.) in Regular Criminal Case No.741/2014 (CIS No. 3008/2014) whereby the respondent/accused has been acquitted of the charge 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