1 2025:CGHC:27539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 181 of 2025 1 - Gopal Prasad Jaltare S/o Motiram Jaltare Aged About 41 Years R/o Jamnipali Tahsil - Katghora, District - Korba Chhattisgarh ... Appellant. versus 1 - Raj Singh Vishwakarma S/o Hondro Ram Vishwakarma Aged About 29 Years R/o Village - Matasi, Post - Narayanpur, District - Jashpur Chhattisgarh. ... Respondent(s) For Appellant : Shri Vijay Kumar Sahu, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 25/06/2025 1. Default, as pointed out by the Registry is ignored. 2. This Acquittal appeal has been filed under Section 419(4) of the BNSS, 2023 against the order dated 12.12.2024 passed by the Judicial Magistrate First Class, Korba in Complaint Case No.3533/2018, whereby, due to non-payment of process fee, the complaint case was dismissed by invoking powers under Section 204 (4) of the Code of Criminal Procedure, 1973. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.25 17:29:29 +0530 2 3. At the outset, leaned counsel for the appellant submits that this appeal has wrongly been filed treating the order passed by the JMFC as acquittal order. He further submits that against the impugned order, a Revision would lie, as in this regard, there is an explicit provision under Section 398 of Cr.P.C. Lastly, he prays to withdraw this appeal reserving liberty as aforesaid. 4. I have heard learned counsel for the appellant and considered the submission put forth by him. 5. The law is explicit that when a complaint is dismissed for non-payment of process fees, such an order cannot be treated as an order of acquittal, therefore, the order of dismissal of complaint under Section 204 (4) is not appealable under Section 419 (4) of BNSS, 2023. 6. Accordingly, this Appeal is dismissed as withdrawn reserving liberty in favour of the appellant to avail the appropriate legal remedy available to him, in accordance with law, if so advised. 7. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after obtaining photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Avinash