Swadhin Nath Chaudhary vs Monali Bhattacharya
2025 Latest Caselaw 4598 Chatt

Chattisgarh High Court

Swadhin Nath Chaudhary vs Monali Bhattacharya on 22 September, 2025

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                                                       2025:CGHC:48640


                                                                        NAFR

        HIGH COURT OF CHHATTISGARH AT BILASPUR



                           ACQA No. 46 of 2025



Swadhin Nath Chaudhary S/o Late M.S.N. Choudhary Aged About 45 Years
R/o House No. 743 Railway Construction Colony, Police Station Tarbahar,
Bilaspur, District Bilaspur (C.G.)                                  ... Appellant


                                     versus


Monali Bhattacharya D/o Late Malay Bhattacharya Aged About 42 Years
R/o Qua No. 08 Aakash Vihar Khamtarai Road Sarkanda P.S. Sarkanda,
Bilaspur District Bilaspur (C.G.)                          ... Respondents

For the appellant : Mr. Prakant Sethi, Advocate For the respondent : Mr. K.P.S. Gandhi, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board 22.09.2025

1. This acquittal appeal under Section 419(4) of BNSS 2023 has been filed against the judgment dated 07.11.2024 passed in Criminal Case No.NEGO.INST. ACT/698/2023 1748 of 2016 whereby the learned Judicial Magistrate First Class, Bilaspur (C.G.) dismissed the complaint on the ground that it was not filed within time.

2. At the outset, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s.

Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held 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") and thus the said complainant can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the instant case may be disposed of reserving liberty so as to avail the said remedy of appeal.

3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of reserving liberty in favour of the appellant to file an appeal within a period of 60 days from the date of receipt of a copy this order before the appropriate Court, in accordance with law. It is further 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 same 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 the photocopy of the same.

5. Registry shall send back the record to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge Rao