Summary
| Category | Data |
|---|---|
| Case Name | ACQA No. 1060 of 2024 of Shahid Ahmad Vs Inderpal Singh |
| CNR | CGHC010348572024 |
| Date of Registration | 07-10-2024 |
| Decision Date | 02-09-2025 |
| Disposal Nature | Disposed, liberty reserved for appellant to file appeal within 60 days |
| Judgment Author | Hon’ble Shri Justice Sanjay Kumar Jaiswal |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge |
| Precedent Value | Binds subordinate courts by following Supreme Court authority |
| Overrules / Affirms | Affirms (follows Supreme Court precedent) |
| Type of Law | Criminal Procedure Code; Negotiable Instruments Act, 1881 |
| Questions of Law | Whether a complainant under Section 138 NI Act is a “victim” under Section 2(wa) CrPC (corresponding to Section 2(y) BNSS 2023) and can appeal under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS). |
| Ratio Decidendi |
|
| Judgments Relied Upon | M/s Celestium Financial vs A. Gnanasekaran, 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court |
|
| Citations | ACQA No. 1060/2024; 2025 INSC 804 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts of the High Court of Chhattisgarh |
| Persuasive For | Other High Courts considering Section 138 NI Act appeals |
| Follows | M/s Celestium Financial vs A. Gnanasekaran, 2025 INSC 804 |
What’s New / What Lawyers Should Note
- Confirms that complainants under Section 138 NI Act are “victims” under CrPC Section 2(wa) and BNSS Section 2(y).
- Establishes that such complainants can file an appeal under the proviso to CrPC Section 372 (Section 413 BNSS 2023).
- High Court will condone delay in filing if appeal is lodged within 60 days of this order.
- Advocates can invoke this order to overcome limitation objections in NI Act appeals.
Summary of Legal Reasoning
- Noted Supreme Court’s decision in Celestium Financial (2025 INSC 804) defining “victim” under CrPC Section 2(wa) and BNSS Section 2(y).
- Held that a complainant in a Section 138 NI Act case falls within that definition and acquires appellate rights under the proviso to Section 372 CrPC (Section 413 BNSS).
- Exercised discretion to relax limitation, permitting the filing of appeal within 60 days without insisting on delay.
- Directed registry to return records and remand the matter to the appropriate court for hearing on merits.
Arguments by the Parties
Appellant (Shahid Ahmad)
- Relied on Celestium Financial to assert “victim” status under CrPC and entitlement to an appeal.
- Sought leave to file appeal despite expiration of statutory limitation.
Respondent (Inderpal Singh)
No submissions recorded in the judgment.
Factual Background
Shahid Ahmad filed an acquittal appeal under Section 378(4) CrPC against his acquittal under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate First Class, Bilaspur, in Complaint Case No. 796/2017. The appellant contended that the Supreme Court’s recent ruling in Celestium Financial conferred “victim” status on NI Act complainants under CrPC Section 2(wa) and entitled them to appeal under the proviso to Section 372 CrPC. The High Court disposed the appeal, reserving liberty to file within 60 days and condoning delay.
Statutory Analysis
- CrPC Section 2(wa): Defines “victim” to include those alleging offence; mirrored by BNSS Section 2(y).
- CrPC Section 372 Proviso: Grants appeal rights to a “victim”; mirrored by BNSS Section 413.
- Judicial interpretation confirms overlap between NI Act complainants and CrPC victims, unlocking appellate remedy.
Procedural Innovations
- Recognizes appellate right of NI Act complainants as victims under CrPC/BNSS.
- Establishes framework for condonation of delay in such appeals.
Alert Indicators
- ✔ Precedent Followed
Citations
- ACQA No. 1060 of 2024 (High Court of Chhattisgarh at Bilaspur)
- M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 (Supreme Court)