High Court of Chhattisgarh reaffirms Supreme Court’s Celestium Financial precedent, upholding appellate remedy under Section 413 BNSS (proviso to Section 372 CrPC) and directing liberal approach to limitation—binding on subordinate criminal courts
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/1098/2024 of MANOHAR YADAV Vs Bramha Yadav |
| CNR | CGHC010383332024 |
| Date of Registration | 04-11-2024 |
| Decision Date | 02-09-2025 |
| Disposal Nature | Disposed of reserving liberty 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 |
| Overrules / Affirms | Affirms Supreme Court in M/s. Celestium Financial v. A. Gnanasekaran (2025 INSC 804) |
| Type of Law | Criminal Procedure / BNSS / Negotiable Instruments Act, 1881 |
| Questions of Law | Whether a complainant under Section 138 NI Act qualifies as “victim” under Section 2(y) BNSS and is entitled to file an appeal under the proviso to Section 413 BNSS |
| Ratio Decidendi | The complainant in Section 138 NI Act proceedings qualifies as a “victim” under Section 2(y) BNSS and may invoke the proviso to Section 413 BNSS—corresponding to Section 372 CrPC—to file an appeal; courts should grant remedy even if the ordinary limitation has expired, provided the appeal is filed within 60 days of this order. |
| Judgments Relied Upon | M/s. Celestium Financial v. A. Gnanasekaran Etc., 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Relied on the Supreme Court’s ruling in Celestium Financial holding that a Section 138 complainant is a “victim” under BNSS and can appeal under Section 413 BNSS |
| Facts as Summarised by the Court | Appellant challenged acquittal under Section 138 NI Act in Magistrate’s Complaint Case No. 65/2023; sought appellate rights based on Celestium Financial precedent. |
| Citations | 2025 INSC 804; 2025:CGHC:44780 |
Practical Impact
| Category | Impact |
|---|---|
| Follows | M/s. Celestium Financial v. A. Gnanasekaran Etc. (2025 INSC 804) |
What’s New / What Lawyers Should Note
- Confirms that a complainant under Section 138 NI Act is a “victim” as per Section 2(y) BNSS and thus entitled to appeal under the proviso to Section 413 BNSS.
- Holds that appellate courts should waive ordinary limitation if the appeal is filed within 60 days of this order.
- Provides a clear precedent for filing acquittal appeals under BNSS against magistrate orders in NI Act cases.
Summary of Legal Reasoning
- The court noted the Supreme Court’s decision in M/s. Celestium Financial (2025 INSC 804), which held that a Section 138 NI Act complainant falls within the definition of “victim” under Section 2(y) BNSS.
- It observed that BNSS Section 413 (corresponding to the proviso to Section 372 CrPC) grants an appellate remedy to victims.
- The High Court concluded that the appellant—being a victim—has a right to appeal against the acquittal under Section 419(4) BNSS.
- To give effect to this ratio, the court disposed the appeal reserving liberty to file a fresh appeal within 60 days, directing that limitation would not be insisted upon.
Arguments by the Parties
Appellant (Complainant)
- Relied on the Supreme Court’s decision in M/s. Celestium Financial to argue that the complainant qualifies as a “victim” under BNSS.
- Submitted that this entitles him to file an appeal under the proviso to Section 413 BNSS despite expiry of ordinary limitation.
No distinct arguments by the respondent were recorded in the judgment.
Factual Background
Appellant challenged a magistrate’s order acquitting the accused of offences under Section 138 of the Negotiable Instruments Act, 1881 (Complaint Case No. 65/2023). Relying on the Supreme Court’s Celestium Financial ruling, he contended that, as a “victim” under Section 2(y) BNSS, he had a statutory right to appeal under Section 413 BNSS. The High Court reserved liberty for him to institute the appeal within 60 days and directed that limitation would not be a bar.
Statutory Analysis
- Section 2(y) BNSS (definition of “victim”): Includes a complainant in Section 138 NI Act proceedings.
- Section 413 BNSS (proviso to Section 372 CrPC): Provides appellate rights to victims.
- Section 419(4) BNSS: Governs acquittal appeals before the High Court against magistrate orders.
Procedural Innovations
- Court directed that ordinary limitation would be relaxed for the new appeal, provided it is filed within 60 days of this order.
- Emphasized that appellate forums should not insist on time bars when statutory rights of victims under BNSS are at stake.
Alert Indicators
- ✔ Precedent Followed
Citations
- M/s. Celestium Financial v. A. Gnanasekaran Etc., 2025 INSC 804 (key holding at paras 2–3).
- Current judgment: 2025:CGHC:44780.