1 2025:CGHC:29602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.373 of 2024 Abhay Thite S/o Shri Appa Rao Thite Aged About 38 Years R/o Risaipara, Dhamtari District Dhamtari, Chhattisgarh(Complainant) ...Appellant versus Sandeep Gupta S/o Shri Purushottam Gupta Aged About 42 Years Prop. Sandeep Stationery Mart And Book Depot, Dhamtari, R/o Ramsagarpara, Dhamtari, District Dhamtari (C.G.)(Complainant) ... Respondent For Appellant : Shri Anil Kumar Bhoi on behalf of Shri Anil Gulati, Advocates. For Respondent : None. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 01.07.2025 1. This Appeal has been filed under Section 378(4) Cr.P.C for grant of special leave to Appeal against the judgment of acquittal dated Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.07.02 11:04:01 +0530 2 12.10.2021 passed by the Judicial Magistrate First Class, Dhamtari District Dhamtari in Criminal Case No.1343/2014 whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. 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. He submits that this Appeal may be disposed of reserving the liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving the liberty in favour of the Appellant 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. 4. 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. 3 5. Registry shall return the certified copy of the judgment along with all the annexures and relevant documents to Counsel for the Appellant after retaining its photocopy. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya