Neutral Citation No. - 2025:AHC-LKO:41904 Court No. - 13 Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 14 of 2025 Appellant :- Mangu Prasad Respondent :- Mohd. Ashik Counsel for Appellant :- Abhineet Jaiswal,Chinmay Mishra Hon'ble Saurabh Lavania,J. Taking note of the facts stated in the affidavit filed in support the application seeking condonation of delay as also that there is no opposition by the learned AGA to the same, the application is allowed. Delay in filing the instant appeal is hereby condoned. Office/Registry is directed to allot regular number to this appeal. Heard. Present appeal under Section 413 BNSS/Section 372 Cr.P.C. has been filed by the appellant challenging the judgment and order dated 10.03.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Unnao in Complaint Case No. 522 of 2024 (Mangu Prasad Vs. Mohd. Ashik), under Section 138 of Negotiable Instruments Act, 1881 At the very outset, learned A.G.A. has raised preliminary objection regarding maintainability of the present appeal on the ground that appellant 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Counsel for the appeallant states that he does not want to press the present appeal and the same may be dismissed as withdrawn with liberty to appellant to avail remedy as available to him under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present appeal is dismissed as withdrawn with liberty as aforesaid. Office is directed to return back all the certified copies of order and documents, annexed with the present appeal, to the learned Counsel for the appellant, as per Rules. Order Date :- 22.7.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench