Neutral Citation No. - 2025:AHC-LKO:37794 Court No. - 13 Case :- APPLICATION U/S 378 No. - 51 of 2025 Applicant :- Narendra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Asheesh Agnihotri,Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased set aside and quash the acquittal order impugned dated 05th May, 2025 passed BY HON'BLE COURT OF ADDITIONAL CIVIL JUDGE ( Jr Dn)/J.M., Room No.-23, Pratapgarh IN COMPLAINT NO. 142 OF 2016 In RE. Narendra Pratap Singh VS. Subhash Chandra Gupta to this appeal and allow the appeal Further may please convict the accused having committed offence under section 138 OF N.I.Act, in the interest of justice." At the very outset, Sri S.P. Tiwari, learned A.G.A. has raised preliminary objection regarding maintainability of the present application on the ground that applicant is having statutory remedy. In support of his submission he has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320. After arguing at some length, the learned Counsel for the applicant states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to avail remedy as available to him under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is dismissed as withdrawn with liberty as aforesaid. Office is directed to return back all the certified copies of order and documents, annexed in the present petition, to the learned Counsel for the applicant, if he applies for the and submit the copies of same. Order Date :- 4.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench