SB: Hon'ble Shri Justic e Sanjay S. Agrawa l Judgment on Board

09/09/2025

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 02/12/2022 passed by the Judicial Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case No.3832/2018, 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