Deepak Sinha vs Uttam Tandi
2025 Latest Caselaw 4609 Chatt

Chattisgarh High Court

Deepak Sinha vs Uttam Tandi on 23 September, 2025

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        SOURABH
SOURABH PATEL
PATEL   Date:
        2025.09.23
        16:46:36
        +0530
                                                     1




                                                                  2025:CGHC:48849
                                                                                 NAFR
                           HIGH COURT OF CHHATTISGARH AT BILASPUR
                                        ACQA No. 1129 of 2024


                     1 - Deepak Sinha S/o Neturam Sinha, Aged About 26 Years,
                     Address- Ward No. 09, Village Girud, P S Dharsiwa, Tahsil And
                     District- Raipur, Chhattisgarh (Complainant).
                                                                            ... Appellant
                                                  versus


                     1 - Uttam Tandi S/o Bhima Tandi, Aged About 45 Years,
                     Address Trimurthi Nagar, Fafadih, P.S. Devendra Nagar, District
                     Raipur, C.G. (Accused).
                                                                       ... Respondent

For Appellant : Mr. Manish Thakur, Advocate. For Respondent : Mr. Raj Shengale, Advocate on behalf of Mr. N. Naha Roy, Advocate.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board 23/09/2025

1. This acquittal appeal U/s 419(4) of the BNSS has been filed against the judgment dated 23.08.2024 passed by the learned Judicial Magistrate First Class, Raipur, District Raipur (C.G.) in Complaint Case No. 3969/2021 whereby the respondent/accused has been acquitted for the commission of the offence under Section 138 of the 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 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 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 Sourabh P.