The High Court of Chhattisgarh, affirming the Supreme Court’s ruling in M/s Celestium Financial v. A. Gnanasekaran (2025 INSC 804), holds that a complainant in a Section 138 NI Act prosecution qualifies as a “victim” under Section 2(wa) CrPC (corresponding to Section 2(y) BNSS 2023) and may file an appeal under the proviso to Section 372 CrPC; this decision offers persuasive authority for negotiable-instruments litigation and clarifies limitation rules.
Summary
| Category | Data |
|---|---|
| CNR | CGHC010329882024 |
| Date of Registration | 24-09-2024 |
| Decision Date | 02-09-2025 |
| Judgment Author | Hon’ble Shri Justice Sanjay Kumar Jaiswal |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge |
| Precedent Value | Persuasive |
| Overrules / Affirms | Affirms Supreme Court in M/s Celestium Financial v. A. Gnanasekaran (2025 INSC 804) |
| Type of Law | Criminal Procedure & Negotiable Instruments Act |
| Questions of Law | Whether a complainant under Section 138 NI Act is a “victim” under Section 2(wa) CrPC/Section 2(y) BNSS 2023 and entitled to appeal under the proviso to Section 372 CrPC. |
| Ratio Decidendi |
The High Court applied the Supreme Court’s declaration in Celestium Financial that the complainant in a Section 138 NI Act complaint qualifies as a “victim” under the amended definitions in CrPC/BNSS and is therefore entitled to invoke the proviso to Section 372 CrPC (corresponding to Section 413 BNSS) for filing an appeal. The court reserved liberty for the appellant to file such an appeal within 60 days and directed that limitation would not be insisted upon, thereby ensuring substantive rights are not defeated by procedural delays. |
| Judgments Relied Upon | M/s. Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Supreme Court’s interpretation of “victim” in CrPC/BNSS and appellate remit under Section 372 proviso CrPC. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | High Court of Chhattisgarh |
| Persuasive For | Other High Courts, Subordinate Courts in negotiable-instruments and criminal matters |
| Follows | M/s. Celestium Financial v. A. Gnanasekaran (2025 INSC 804) |
What’s New / What Lawyers Should Note
- The court confirms that a complainant under Section 138 NI Act is a “victim” under amended CrPC/BNSS definitions and may appeal under the proviso to Section 372 CrPC.
- Limitation will not be insisted upon if the appeal is filed within the 60-day window granted by the High Court.
- Counsels can cite this order to secure appellate rights for NI Act complainants beyond traditional limitation constraints.
Summary of Legal Reasoning
- Noted Supreme Court’s decision in M/s. Celestium Financial (2025 INSC 804) classifying NI Act complainants as “victims” under Section 2(wa) CrPC/Section 2(y) BNSS.
- Held that such “victims” qualify to file an appeal under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS).
- Reserved liberty for the appellant to file the appeal within 60 days.
- Directed the appellate court not to insist on limitation while deciding the appeal.
Arguments by the Parties
Petitioner (Appellant):
- Relied on the Supreme Court’s Celestium Financial ruling to assert “victim” status and appellate entitlement under the proviso to Section 372 CrPC.
- Sought reservation of liberty to file appeal despite delay.
Respondent:
No appearance or submissions on record.
Factual Background
The appellant challenged an acquittal in a complaint under Section 138 of the Negotiable Instruments Act, filed by the Judicial Magistrate First Class, Bastar (Complaint Case No. 220/2019), arguing that in view of the Supreme Court’s Celestium Financial decision, he qualifies as a “victim” entitled to appeal under the proviso to Section 372 CrPC. The High Court disposed the appeal reserving liberty to file a proper appeal within 60 days and waived limitation objections.
Statutory Analysis
- Section 2(wa) CrPC (corresponding to Section 2(y) BNSS 2023): Definition of “victim” includes complainants under Section 138 NI Act.
- Proviso to Section 372 CrPC (corresponding to Section 413 BNSS 2023): Grants appellate right to “victim.”
- Limitation provisions were held not to bar a timely filed appeal within the reserved period.
Procedural Innovations
- Reservation of liberty to file an appeal under the proviso to Section 372 CrPC based on “victim” status.
- Direction that limitation will not be insisted upon for appeals filed within the 60-day window.
Alert Indicators
- ✔ Precedent Followed
Citations
- M/s. Celestium Financial v. A. Gnanasekaran, 2025 INSC 804.
- ACQA No. 1027 of 2024 (HC Chhattisgarh, 02-09-2025), CNR CGHC010329882024.