Summary
| Category | Data |
|---|---|
| Case Name | ACQA/303/2019 of Brijmohan Agrawal Vs Avinash Kumar Sahu |
| CNR | CGHC010131892019 |
| Date of Registration | 11-04-2019 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISPOSED OFF |
| Judgment Author | Hon’ble Shri Justice Deepak Kumar Tiwari |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge Bench |
| Precedent Value | Affirming Supreme Court precedent |
| Overrules / Affirms | Affirms – Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 |
| Type of Law | Criminal Procedure (Section 372 CrPC) / Negotiable Instruments Act (Section 138) |
| Questions of Law | Whether a complainant can prefer an appeal against an acquittal order under the proviso to Section 372 CrPC? |
| Ratio Decidendi |
The High Court applied the Supreme Court’s ruling in Celestium Financial (2025 INSC 804) that a victim has a statutory right under the proviso to Section 372 CrPC to challenge an acquittal. It held that such appeals lie to the same appellate court that entertains convictions, and that procedural bars of limitation should not be insisted upon where filed within 45 days. The Court disposed the appeal by reserving liberty for the complainant to file the appeal in accordance with law, ensuring the remedy is effective in NI Act prosecutions. |
| Judgments Relied Upon | Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reliance on the Supreme Court’s interpretation of the proviso to Section 372 CrPC in Celestium Financial, recognizing the victim’s right of appeal against acquittals. |
| Facts as Summarised by the Court | Complaint under Section 138 NI Act resulted in acquittal by JMFC Raigarh on 08.10.2018; appellant sought appellate remedy. |
| Citations |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh |
| Persuasive For | Other High Courts when dealing with Section 138 NI Act acquittal appeals |
| Follows | Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 |
What’s New / What Lawyers Should Note
- Confirms that a complainant (victim) has a statutory right to appeal an acquittal under the proviso to Section 372 CrPC in Section 138 NI Act cases.
- Establishes a 45-day window from this order for filing such an appeal, during which limitation will not be insisted upon.
- Directs trial- and appellate-level registries to facilitate certified copies and record transfers without procedural hurdles.
Summary of Legal Reasoning
- The appellant challenged the acquittal under Section 138 NI Act dated 08.10.2018 before this Court.
- Learned counsel invoked the Supreme Court’s Celestium Financial decision (2025 INSC 804) on the right to appeal acquittals under the proviso to Section 372 CrPC.
- The Court held that Celestium Financial conclusively grants victims the right to prefer appeals against acquittals, to the same forum that hears convictions.
- Exercising inherent powers, the High Court disposed of the appeal by reserving liberty to file the appeal within 45 days, directing that limitation objections not be raised when the appeal is filed within that period.
- Procedural directions were issued for returning certified copies and sending back the record to the trial court.
Arguments by the Parties
Petitioner (Complainant):
- Relied on the Supreme Court’s Celestium Financial ruling to assert a right to appeal the acquittal under the proviso to Section 372 CrPC.
- Sought disposal of the appeal with liberty to file further appeal without limitation objections.
Factual Background
Brijmohan Agrawal filed a complaint under Section 138 of the Negotiable Instruments Act before the JMFC, Raigarh. On 08.10.2018, the accused was acquitted. Agrawal then moved this High Court challenging the acquittal, invoking the Supreme Court’s Celestium Financial doctrine. The High Court, applying Celestium, disposed the appeal by reserving the right to file an appeal under the proviso to Section 372 CrPC within 45 days.
Statutory Analysis
- Proviso to Section 372 CrPC: Interpreted per Celestium Financial to grant victims the right to appeal against acquittal orders, extending the appellate remedy beyond convictions.
- Section 138 NI Act: Offence under which the original complaint and subsequent acquittal arose; appeal mechanism clarified through procedural interpretation of CrPC.
Procedural Innovations
- Recognition of a 45-day appellate window for complainants to challenge acquittals under the proviso to Section 372 CrPC.
- Direction that appellate courts will not insist on limitation objections when appeals are filed within the prescribed 45 days.
- Mandate for registries to facilitate prompt issuance of certified copies and return of records to the trial court.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:CGHC:44677 (NAFR)
- Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804