Dismissed¶12

Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC21 Jan 2026A378/190/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Application U/S 378 No. 190 of 2024; Jolly Pathak v. State of U.P.; leave to appeal against acquittal; Section 138 N.I. Act complaint; Criminal Complaint No. 7473 of 2017; acquittal of respondent nos. 2 and 3 dated 30.09.2024; statutory remedy under Section 372 Cr.P.C. before Sessions Judge; Celestium Financial Vs. A. Gnanasekaran, 2025 SCC OnLine SC 1320; Rajeev Singh, J.; decided January 21, 2026; application dismissed with liberty to appeal.

What did the court decide?

Liberty to the applicant to avail appropriate remedy of appeal under Section 372 Cr.P.C. in the light of Celestium Financial (supra), if she so chooses; office directed to return the certified copy of the documents to learned counsel for the applicant after retaining photocopy on record ¶12

Jolly Pathak vs State of U.P. Thru. Prin. Secy. Home Lko… — Cheque Dishonour | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 378 No. - 190 of 2024

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Jolly Pathak .....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Shishir Chandra, Madhav Chaturvedi Counsel for Opposite Party(s) : G.A., Abhishek Srivastava, Shweta Srivastava, Vikas Verma

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the applicant and learned A.G.A.

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This application has been filed seeking leave to appeal against the order dated 30.09.2024 passed in Criminal Complaint No. 7473 of 2017 (Smt. Jolly Pathak Vs. M/s Abhyudaya Pharmaceuticals & Ors.).

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Learned counsel for the applicant submits that due to non-payment of dues, the applicant initiated the proceedings under Section 138 N.I. Act against the private respondents, but the trial court, without appreciating the evidences of the applicant, wrongly acquitted the respondent nos. 2 and 3 vide impugned order. It is, thus, submitted that the indulgence of this Court is necessary.

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Shri Vivek Gupta, learned A.G.A. submits that this controversy has already been settled by the Hon'ble Supreme Court in the case of Celestium Financial Vs. A. Gnanasekaran Etc. , 2025 SCC OnLine SC 1320 , in which, it is held that against the rejection of a complaint, statutory appeal can be filed under Section 372 Cr.P.C. before the learned Sessions Judge. It is, thus, submitted that the present application is liable to be dismissed and the applicant may be granted liberty to file appeal in terms of the directions of the aforesaid judgment of the Hon'ble Apex Court.

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A378 No. 190 of 2024

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In view of above, the application stands dismissed with the liberty to the applicant to avail appropriate remedy of appeal under Section 372 Cr.P.C. in the light of the judgment of the Hon'ble Supreme Court in the case of Celestium Financial (supra), if she so chooses.

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Office is directed to return the certified copy of the documents to the learned counsel for the applicant, after retaining photocopy of the same on record.

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(Rajeev Singh,J.)

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January 21, 2026

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VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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