LALITA Vs. CHARAN DAS

JUDGEMENT

(1.) This petition has been preferred against the order dtd. 23/11/2024 passed by the Judicial Magistrate First Class, Baikunthpur District Koriya, (C.G.) in Complaint Case No.436/2022, whereby, the complaint case was dismissed for want of prosecution and the respondent/accused has been acquitted of the charge under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) At the outset, learned counsel for the petitioner submits that recently in the judgment dtd. 8/4/2025 rendered by the Hon'ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, right to file appeal under proviso to Sec. 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Learned counsel submits that the petition may be disposed of reserving liberty so as to avail the said remedy.

(3.) Learned State counsel would not oppose the aforesaid prayer.