1 2025:CGHC:43970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 317 of 2023 Sambhav Agro Industries Partnership Firm Partner Manoj Jain, Through Authorized Representative Rahul Jain, S/o Kranti Lal Jain, Aged About 35 Years, R/o House No. 5 First Floor, In Front Of Shri Ram Nath Bhimsen Sabha Bhawan, Samta Colony, Tehsil And District Raipur (C.G.) (Complainant) ... Appellant versus Anupchandra Gupta S/o. Vishnulal Gupta, Aged About 51 Years Proprietor Shubham Beej Bhandar, R/o Ramleela Chowk, Bazar Market, Rupaidiha Bazar, Tehsil Nanpara, District Baharech (U.P.) (Accused) ... Respondent For Appellant : Shri Saket Pandey, Advocate. For Respondent : None. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Judgment on Board 29/08/2025 1. This acquittal appeal has been filed against the judgment dated 24.07.2023 passed by the Judicial Magistrate First Class, Raipur, District Raipur (C.G.) in Criminal Complaint No.5095/2019, whereby, respondent/accused was 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 NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.08.29 17:25:44 +0530 2 Court in the matter of M/s 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 case may be disposed of reserving liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 30 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. 4. 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. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, this appeal is disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Kamde