1 2025:CGHC:45505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.384 of 2019 M/s Lupin Limited Registered Office 159, C.S.T. Road Kalina, Sentrakunj East, Mumbai, At Present Through Balaji Distributor B.U. Complex, Daldal Sivani Road, Near Anant Vihar Colony, Raipur, Tahsil District Raipur, (CG) (Complainant) --- Appellant versus 1 - Jyoti Pharmaceutical Through Proprietor Shri Narayan Kumar Gupta, 25, Farista Complex, G.E. Road Raipur, District Raipur, Chhattisgarh. 2 - Shri Narayan Kumar Gupta Proprietor Jyoti Pharmaceutical, R/o 111/4/5, Housing Board Colony, Shankar Nagar, Railpur, District- Raipur, Chhattisgarh. (Accused persons) --- Respondents ACQA No.294 of 2024 M/s. Lupin Limited, Registered Office 159, C.S.T. Road Kalina, Sentrakunj East, Mumbai, Through General Power Of Attorney Naveen Manke, Post Distribution Manager S/o Shri Govind Rao Ji SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.09.09 10:33:16 +0530 2 Manke, At Present Through Balaji Distributor B.U. Complex, Daldal Sivani Road, Near Anant Vihar Colony, P.S. Pandari, Mova, Raipur, Tahsil And District Raipur Chhattisgarh (Complainant) ---Appellant Versus 1 - Jyoti Pharmaceutical Through Proprietor Shri Narayan Kumar Gupta, Shop No. 25, Farista Complex, G.E. Road Raipur, District Raipur Chhattisgarh. 2 - Shri Narayan Kumar Gupta, Proprietor Jyoti Pharmaceutical, R/o. 111/4/5, Housing Board Colony, Shankar Nagar, P.S. Pandari, Raipur District Raipur Chhattisgarh. (Accused persons) -- Respondents For Appellant : Shri Harsh Verma on behalf of Smt Hamida Siddiqui and Shri Rahuln Agrawal, Advocates. For Respondents : Ms. Prachi Singh, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 08.09.2025 1. These Appeals have been filed under Section 378(4) of Cr.P.C for grant of special leave to Appeal against the judgments of acquittal dated 19.11.2018 and 30.10.2018 passed by the Judicial Magistrate First Class, Raipur, District Raipur in Criminal Complaint Case Nos.1335/2013 and 9126/2014 respectively whereby, the Respondent/accused have been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 3 2. At the outset, learned Counsel for the Appellants 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. reported in 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. He submits that both these Appeals may be disposed of reserving the liberty so as to avail the said remedy. 3. Learned Counsel for the Respondents does not oppose the above submission. 4. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), these Appeals stand disposed of reserving the liberty in favour of the Appellants to file an Appeal before the appropriate Court within a period of 45 days from the date of passing of this judgment in accordance with law. 5. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the same would not insist upon the limitation while deciding the same and the said Court shall proceed to decide it in accordance with law. 6. Registry shall return the certified copy of the judgment along with all the annexures and relevant documents to Counsel for the Appellants 4 after retaining attested copy of the same. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya