Affirming Celestium Financial (2025 INSC 804), High Court of Chhattisgarh Reserves Liberty to File Appeal under Proviso to Section 372 CrPC (Section 413 BNSS)
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/902/2024 of MANGALDEEP CEMENT Vs LOVE KUMAR SHARMA |
| CNR | CGHC010301642024 |
| Date of Registration | 03-09-2024 |
| Decision Date | 01-09-2025 |
| Disposal Nature | Appeal disposed reserving liberty to file appeal |
| Judgment Author | Hon’ble Shri Justice Sanjay Kumar Jaiswal |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge |
| Type of Law | Criminal Procedure (BNSS 2023) & Negotiable Instruments Act, 1881 |
| Questions of Law | Whether a complainant under Section 138 NI Act qualifies as a “victim” under BNSS and is entitled to appeal the order of acquittal under the proviso to Section 372 CrPC (Section 413 BNSS)? |
| Ratio Decidendi | The Supreme Court in Celestium Financial (2025 INSC 804) held that a complainant under Section 138 NI Act is a “victim” under Section 2(y) BNSS (corresponding to Section 2(wa) CrPC) and may avail an appeal under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS). Applying that binding declaration, this Court disposed of the present acquittal appeal by reserving liberty for the complainant to file an appeal within 60 days, waiving limitation objections. |
| Judgments Relied Upon | M/s. Celestium Financial vs. A. Gnanasekaran etc., 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
What’s New / What Lawyers Should Note
- Confirms that a complainant under Section 138 of the NI Act is a “victim” under BNSS 2023 and may file an appeal against acquittal under the proviso to Section 372 CrPC (Section 413 BNSS).
- High Court will condone delay and not insist on limitation if the appeal is filed within 60 days of this order.
Summary of Legal Reasoning
- The Supreme Court in Celestium Financial (2025 INSC 804) held:
- Complainant under Section 138 NI Act qualifies as “victim” under BNSS (Section 2(y)) and CrPC (Section 2(wa)).
- Such a “victim” is entitled to appeal under the proviso to Section 372 CrPC (counterpart Section 413 BNSS).
- In view of that law, the High Court:
- Disposed the present acquittal appeal by reserving liberty to the appellant to file an appeal before the appropriate court within 60 days.
- Directed that limitation will not be insisted upon if filed within the stipulated period.
Arguments by the Parties
Petitioner (Mangaldeep Cement)
- Reliance on Celestium Financial (2025 INSC 804) to establish that the complainant is a “victim” entitled to appeal.
- Sought disposal of the present appeal by reserving liberty to file an appeal under the proviso to Section 372 CrPC (Section 413 BNSS).
Respondent
- No arguments recorded in the judgment.
Factual Background
Mangaldeep Cement, as complainant under Section 138 of the Negotiable Instruments Act, 1881, challenged the acquittal of the accused in Complaint Case No. RCC/3996/2017 by the Judicial Magistrate First Class, Durg. An appeal was preferred under Section 419(4) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the High Court of Chhattisgarh.
Statutory Analysis
- Section 138 of the Negotiable Instruments Act, 1881 (dishonour of cheque).
- Section 2(wa) of CrPC and its counterpart Section 2(y) of BNSS – definition of “victim.”
- Proviso to Section 372 CrPC and corresponding Section 413 BNSS – appellate remedy for victims.
Alert Indicators
- ✔ Precedent Followed – Supreme Court’s decision in Celestium Financial (2025 INSC 804) was applied.
Citations
- 2025:CGHC:44781
- 2025 INSC 804 (Celestium Financial v. A. Gnanasekaran etc.)