Clarification of Victim Definition and Appeal Right under BNSS in Light of Supreme Court’s Celestium Financial Decision
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/932/2024 of SMT. NEETU SINGH Vs YASHWANT KUMAR DANSENA |
| CNR | CGHC010310882024 |
| Date of Registration | 09-09-2024 |
| Decision Date | 02-09-2025 |
| Disposal Nature | Disposed of reserving liberty to file appeal under BNSS Section 413 |
| Judgment Author | Hon’ble Shri Justice Sanjay Kumar Jaiswal |
| Court | High Court of Chhattisgarh |
| Bench | Single Judge |
| Precedent Value | Clarification and application of Supreme Court precedent |
| Overrules / Affirms | Affirms Celestium Financial Vs. A. Gnanasekaran Etc. (2025 INSC 804) |
| Type of Law | Criminal – Negotiable Instruments Act 1881 & BNSS 2023 |
| Questions of Law | Whether Section 138 NI Act complainant is “victim” under BNSS Section 2(wa) and can appeal under Section 413 BNSS |
| Ratio Decidendi | Following the Supreme Court in M/s Celestium Financial (2025 INSC 804), the High Court held that a complainant under Section 138 of the Negotiable Instruments Act qualifies as a “victim” under BNSS Section 2(wa) (corresponding to CrPC Section 2(y)) and is entitled to file an appeal under BNSS Section 413 (corresponding to CrPC Section 372 proviso). The appeal was disposed of with liberty to the appellant to file such appeal within 60 days, with the limitation period to be condoned if filed within that timeframe. |
| Judgments Relied Upon | M/s. Celestium Financial Vs. A. Gnanasekaran Etc. (2025 INSC 804) |
| Logic / Jurisprudence / Authorities Relied Upon | Supreme Court’s interpretation of “victim” in Section 2(wa) BNSS / Section 2(y) CrPC and appeal right under Section 372 CrPC proviso corresponding to Section 413 BNSS |
| Citations | 2025:CGHC:44783; 2025 INSC 804 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the Chhattisgarh High Court |
| Persuasive For | Other High Courts and trial courts handling 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 under Section 138 NI Act is a “victim” under BNSS Section 2(wa) and can invoke BNSS Section 413 for acquittal appeals.
- Validates reliance on the proviso to Section 372 CrPC (BNSS Section 413) for filing appeals by victims in NI Act matters.
- Authorizes trial courts to condone delays if the appeal is filed within 60 days as per High Court’s reserved liberty.
Summary of Legal Reasoning
- Noted Supreme Court’s decision in M/s Celestium Financial (2025 INSC 804) defining “victim” under BNSS Section 2(wa) / CrPC Section 2(y).
- Applied that interpretation to a Section 138 NI Act complainant, holding they qualify as victims.
- Held that such victims are entitled to file an appeal under BNSS Section 413 (proviso to CrPC Section 372).
- Exercised power to grant time-limited liberty (60 days) to file the appeal, directing condonation of limitation if filed within that period.
Arguments by the Parties
Petitioner (Appellant):
- Relied on Celestium Financial to claim complainant status as “victim” and right to appeal under BNSS Section 413.
- Sought disposal of the acquittal appeal with liberty to file in appropriate forum.
Respondent (Accused):
- No substantive opposition recorded on the procedural remedy.
Factual Background
Smt. Neetu Singh filed an acquittal appeal against the acquittal of Yashwant Kumar Dansena under Section 138 of the Negotiable Instruments Act, 1881. The High Court, noting the Supreme Court’s Celestium Financial ruling, held that the complainant qualifies as a “victim” under BNSS and may file an appeal under BNSS Section 413. The appeal was disposed of reserving liberty for the appellant to file within 60 days.
Statutory Analysis
- BNSS Section 2(wa) (victim) corresponding to CrPC Section 2(y).
- BNSS Section 413 (appeal by victim in acquittal) corresponding to CrPC Section 372 proviso.
- Negotiable Instruments Act Section 138 (dishonor of cheque).
Procedural Innovations
- Recognition of appellate remedy for Section 138 NI Act complainants as victims under BNSS.
- Grant of limited time-bar relief (60 days) with mandatory condonation of limitation.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:CGHC:44783
- 2025 INSC 804