Lalita vs Charan Das

Deepak Kumar Tiawri, J

This petition has been preferred against the order dated 23.11.2024 passed by the Judicial Magistrate First Class, Baikunthpur District Koriya, (C.G.) in Complaint Case No.436/2022, whereby, the complaint case was dismissed for want of prosecution and the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

At the outset, learned counsel for the petitioner submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 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 submits that the petition may be disposed of reserving liberty so as to avail the said remedy.

Learned State counsel would not oppose the aforesaid prayer.

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 45 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 same in accordance with law.

Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the petitioner after retaining the photocopy of the same.

Accordingly, the CRMP is disposed of.