HC Affirms Supreme Court’s Celestium Financial Ruling, Granting Complainants the Right to Challenge Acquittals; Persuasive Authority for Criminal Appellate Cases
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/538/2019 of MAHESH KUMAR AGRAWAL Vs MADAN BEHARA |
| CNR | CGHC010244342019 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | Hon’ble Shri Justice Deepak Kumar Tiwari |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge |
| Precedent Value | Persuasive |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Law / Criminal Appellate Procedure |
| Questions of Law | Whether the victim has the right to prefer an appeal against an acquittal order under the proviso to Section 372 CrPC. |
| Ratio Decidendi |
The High Court, following the Supreme Court’s decision in Celestium Financial vs. A. Gnanasekaran (2025 INSC 804), held that the proviso to Section 372 CrPC confers on a “victim” the right to file an appeal against any order acquitting the accused. It directed that an appeal so filed within 45 days must be entertained without insisting on limitation. The court disposed of the appeal reserving liberty to prefer such appeal and clarified registry procedures for certified copies. |
| Judgments Relied Upon | Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
The court relied exclusively on the Supreme Court’s interpretation of the proviso to Section 372 CrPC in Celestium Financial (supra), confirming that victims have appellate rights against acquittals and that limitation can be condoned for appeals filed within the prescribed 45-day period. |
| Facts as Summarised by the Court |
Appellant filed an acquittal appeal under Section 138 NI Act after the trial court acquitted respondent. Counsel invoked the Supreme Court’s April 2025 Celestium judgment on the proviso to Section 372 CrPC. Respondent did not oppose reserving liberty to appeal. |
| Citations | 2025:CGHC:44518; 2025 INSC 804 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | Other High Courts in India |
| Follows | Celestium Financial vs. A. Gnanasekaran, 2025 INSC 804 |
What’s New / What Lawyers Should Note
- The High Court formally applies the proviso to Section 372 CrPC, confirming that “victims” can appeal acquittal orders.
- Appeals filed within 45 days from this order will not be rejected on limitation grounds.
- Registry is directed to supply certified copies promptly, retaining only photocopies.
- Reinforces that High Courts must follow the Supreme Court’s Celestium Financial ruling when faced with acquittal appeals.
Summary of Legal Reasoning
- Reference to Celestium Financial vs. A. Gnanasekaran (2025 INSC 804), where the Supreme Court interpreted the proviso to Section 372 CrPC.
- Proviso held to vest in a “victim” the statutory right to appeal any order acquitting an accused.
- High Court must entertain such appeals within 45 days, condoning any delay.
- Directions issued to registry regarding return of certified copies and retention of photocopies.
Arguments by the Parties
Appellant (Mahesh Kumar Agrawal):
- Relied on the Supreme Court’s Celestium decision that victims have a right to appeal acquittals.
- Sought disposal reserving liberty to file such an appeal within 45 days.
Respondent (Madan Behara):
- Did not oppose the reservation of liberty to appeal in accordance with law.
Factual Background
In Complaint Case No. 695/2010 under Section 138 of the Negotiable Instruments Act, the trial court acquitted the accused. The appellant filed an acquittal appeal (ACQA/538/2019). Counsel for the appellant invoked the Supreme Court’s April 2025 ruling in Celestium Financial, and the respondent raised no objection. The High Court disposed of the appeal, granting liberty to prefer a fresh appeal against the acquittal.
Statutory Analysis
- Section 372 CrPC, Proviso: Clarified by Celestium Financial to grant victims the right to appeal acquittals.
- Limitation: Appeals against acquittals filed within 45 days must be entertained without insisting on limitation.
Procedural Innovations
- High Court directs registry to return certified copies of the impugned order while retaining photocopies.
- Establishes that limitation will be condoned for appeals filed within the prescribed 45-day period.
Alert Indicators
- Precedent Followed
Citations
- High Court of Chhattisgarh: 2025:CGHC:44518
- Supreme Court of India: 2025 INSC 804