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2025 DAILYLAW 15713 (CHH)

TILESHWAR LAHRE v. SHAILENDRA CHANDAKYA

CRMP/1240/2025 · 2025-05-08

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:21745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1240 of 2025 Tileshwar Lahre S/o Shivnarayan Lahre Aged About 29 Years R/o Village- Sihava, Kaittarai, Thana- Sihava, Tahsil- Nagri, Distt- Dhamtari (C.G.) ... Petitioner. versus Shailendra Chandakya S/o Late Bisahu Ram Aged About 45 Years R/o Village And Post- Devpur, Thana- Siuhava, Distt- Dhamtari, Working Place- Primary School Devpur (Teacher), Village And Post- Devpur, Tahsil- Nagri, District- Dhamtari (C.G.) ... Respondent. For Petitioner : Mr. Ashwell Franklin, Adv on behalf of Mr. Samir Singh, Advocate. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 09.05.2025 1. Heard on application for condonation of delay in filing the application for grant of leave to appeal (IA No.1/2025). 2. On due consideration, delay is condoned. Application is allowed. 3. Heard on prayer for grant of leave to appeal. 4. Learned counsel for the petitioner there is a singular default and the trial Court has closed the complaint by invoking power under Section 256 Cr.P.C. 5. Having regard to the submission of learned counsel for the petitioner, Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.05.13 12:12:13 +0530 2 perusing the order passed by the trial Court as well other relevant documents and also considering the fact that the offence for which accused has been acquitted is related to Section 138 of the Negotiable Instruments Act, leave as prayed by counsel for the petitioner is granted. 6. Let the petition filed by the petitioner be registered as acquittal appeal. 7. On due consideration, acquittal appeal is admitted for hearing. 8. Issue notice to respondent on payment of PF as per rules. 9. List the appeal for final hearing at motion stage in the month of July, 2025. 10.Accordingly, instant Cr.M.P is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay