Nafr High Court
Case Details
AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.08.14 10:10:55 +0530 1 2025:CGHC:40712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 367 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No. 02, Katora Talab, Raipur, Police Station- Civil Lines, Raipur, District- Raipur, Chhattisgarh. (complainant) --- Appellant. versus
Legal Reasoning
1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor- Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur Chhattisgarh. Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (Accused) --- Respondent(s) ACQA No. 382 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No.02, Katora Talab, Raipur, Police Station- Civil Lines, Raipur, District- Raipur, Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor, Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur, Chhattisgarh, Police Station- Civil Lines, Raipur, District- Raipur, Chhattisgarh. (accused) --- Respondent(s) 2 ACQA No. 388 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No.02, Katora Talab, Raipur, Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor, Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur, Chhattisgarh, Police Station Civil Lines, Raipur District Raipur Chhattisarh. (accused) --- Respondent(s) ACQA No. 401 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No. 02, Katora Talab, Raipur, Police Station Civil Lines, Raipur, District- Raipur, Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora, Talab, Raipur, Chhattisgarh. Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (accused) --- Respondent(s) ACQA No. 386 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No.02, Katora Talab, Raipur, Police Station Civil Lines, Raipur, District- Raipur, Chhattisgarh. (complainant) ---Appellant. Versus 3 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor, Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur, Chhattisgarh, Police Station Civil Lines, Raipur District Raipur Chhattisarh. (accused) --- Respondent(s) ACQA No. 389 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No.02, Katora Talab, Raipur, Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor, Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur, Chhattisgarh, Police Station Civil Lines, Raipur District Raipur Chhattisarh. (accused) --- Respondent(s) ACQA No. 400 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No. 02, Katora Talab, Raipur, Police Station- Civil Lines, Raipur, District- Raipur, Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani aged about 32 years S/o Shri Kanhaiyalal Harchandani Proprietor Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora, Talab, Raipur, Chhattisgarh. Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (accused) --- Respondent(s) 4 ACQA No. 387 of 2019 1 - Sunil Soni S/o Shri Rajkumar Soni Aged About 35 Years R/o Gali No.02, Katora Talab, Raipur, Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. (complainant) ---Appellant. Versus 1 - Mukesh Harchandani S/o Shri Kanhaiyalal Harchandani Aged About 32 Years Proprietor, Krishna Tea Stall, Besides Kanchan Ladies Tailors Shop And House And Besides House And Shops Of Shiv Cycle Stores, Near Deepak Stationary, Katora Talab, Raipur, Chhattisgarh, Police Station Civil Lines, Raipur District Raipur Chhattisarh. (accused) --- Respondent(s) For Appellant For Respondent : Shri C.R. Sahu, Advocate. : None. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 13/08/2025 1. Since the aforesaid acquittal appeals arise out of common judgment dated 06.04.2019 passed by the Judicial Magistrate First Class, Raipur C.G., and parties are one and the same, they are being decided by this common judgment. 2. The aforesaid acquittal appeals have been filed against the impugned judgment dated 06.04.2019 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Complaint Case Nos.391/13, 128/13, 607/11, 94/13, 390/13, 608/11, 1301/13, 129/13 whereby, respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 5 3. At the outset, learned counsel for the appellant submits that recently in the judgment dated 08.04.2025 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 Section 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
Decision
case may be disposed of reserving liberty so as to avail the said remedy. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), the Appeals stand disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from this order before the appropriate Court, in accordance with law. It is further made clear that if such an appeal is filed before the concerned Court within the time given by this Court, it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law. 5. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 6. Registry shall send back the record to the concerned Court. Avinash Sd/- (Deepak Kumar Tiwari) Judge