Yes—the High Court, following the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 INSC 804), held that a complainant acquitted the accused under Section 138 of the Negotiable Instruments Act has a right to appeal under the proviso to Section 372 CrPC; the appeals were disposed of with liberty to file within 45 days and limitation to be ignored.
Summary
| Category | Data |
|---|---|
| Case Name | ACQA Nos. 299/2022, 304/2022, 305/2022, 308/2022 & 946/2024 of Vikas Keswani vs Sulabh Israni |
| CNR | CGHC010392472022 |
| Date of Registration | 28-11-2022 |
| Decision Date | 01-09-2025 |
| Disposal Nature | Disposed of |
| Judgment Author | Hon’ble Shri Justice Deepak Kumar Tiwari |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single-Judge Bench |
| Precedent Value | Persuasive authority |
| Overrules / Affirms | Affirms Supreme Court precedent |
| Type of Law | Criminal appellate procedure; Negotiable Instruments Act |
| Questions of Law | Whether a complainant acquitted of an offence under Section 138 NI Act has a right to appeal under the proviso to Section 372 CrPC. |
| Ratio Decidendi | In light of Celestium Financial v. A. Gnanasekaran (2025 INSC 804), a complainant acquitted under Section 138 NI Act can invoke the proviso to Section 372 CrPC to file an appeal. The High Court must grant leave, allow 45 days’ time and disregard limitation objections in accordance with that apex decision. |
| Judgments Relied Upon | Celestium Financial vs A. Gnanasekaran Etc., 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reliance on Supreme Court’s interpretation of proviso to Section 372 CrPC in Celestium Financial. |
| Facts as Summarised by the Court | The appellant was original complainant in five criminal cases under Section 138 NI Act; JMFC, Raipur acquitted the accused in each case on 30.12.2021; appeals filed against acquittals. |
| Citations | 2025 INSC 804; 2025:CGHC:44588 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts of Chhattisgarh |
| Persuasive For | Other High Courts |
| Follows | Celestium Financial vs A. Gnanasekaran Etc., 2025 INSC 804 |
What’s New / What Lawyers Should Note
- Clarifies that a complainant acquitted in a Section 138 NI Act case can appeal under the proviso to Section 372 CrPC.
- High Court may grant leave and provide 45 days to file such an appeal, ignoring limitation objections.
- Reinforces that lower courts must follow the Supreme Court’s Celestium Financial ruling when assessing appeal rights post-acquittal.
- Useful authority for applications under Section 372 CrPC in negotiable instruments disputes.
Summary of Legal Reasoning
- The sole issue was whether the proviso to Section 372 CrPC entitles a complainant acquitted under Section 138 NI Act to file an appeal.
- The Supreme Court in Celestium Financial (2025 INSC 804) held that the “victim” (complainant) has that right and appeal lies to the same court that hears appeals from convictions.
- Applying that precedent, the High Court reserved liberty to the appellant to file appeals within 45 days and directed that limitation would not bar such appeals.
- No conflict with existing Chhattisgarh High Court or Supreme Court decisions—merely application of the binding apex ruling.
Arguments by the Parties
Petitioner (Appellant – Vikas Keswani):
- Relied on Celestium Financial to assert the right to appeal under proviso to Section 372 CrPC.
- Sought liberty to file appeal despite limitation period having lapsed.
Respondent (Accused – Sulabh Israni):
- Did not oppose the prayer to reserve liberty for filing the appeal.
Factual Background
The original complainant filed five separate cases under Section 138 of the Negotiable Instruments Act. On 30 December 2021, the Judicial Magistrate First Class, Raipur acquitted the accused in each case. The complainant challenged all acquittals by preferring separate appeals (ACQA Nos. 299/2022, 304/2022, 305/2022, 308/2022 and 946/2024) before the High Court of Chhattisgarh.
Statutory Analysis
- Section 372 CrPC provides appellate rights for convictions; its proviso extends the right to victims to appeal acquittals.
- The judgment strictly follows the Supreme Court’s interpretation in Celestium Financial without expanding or narrowing the text beyond that ruling.
Procedural Innovations
- High Court’s direction to reserve liberty for appeal and to ignore limitation when filing within the specified period.
- Reinforcement of procedural entitlement under Section 372 CrPC’s proviso in negotiable instruments cases.
Alert Indicators
- ✔ Precedent Followed
- 📅 Time-Sensitive
Citations
- Celestium Financial vs A. Gnanasekaran Etc., 2025 INSC 804
- High Court of Chhattisgarh: 2025:CGHC:44588, Para 1–12