1 2025:CGHC:17947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1249 of 2025 • Kuldeep Kumar Devangan S/o Somnath Devangan Aged About 36 Years R/o Ward No. 11, Churiyapara Nagri, Post/Thana Nagri, District Dhamtari Chhattisgarh ... Petitioner versus • Mohanmmad Junaid Meman S/o Hasham Meman Aged About 32 Years R/o Ward No. 11, Churiyapara Nagri, Post/Thana Nagri, District Dhamtari Chhattisgarh. ... Respondent For Petitioner : Mr. Samir Singh, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 21/04/2025 1. Heard on I.A. No.01/2025, an application for condonation of delay in filing the petition. 2. Considering the reasons assigned in the application, the same is allowed and the delay is condoned. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.04.22 10:49:49 +0530 2 3. Heard on prayer for grant of leave to appeal. 4. Learned counsel for the petitioner submits that the trial Court has not exercised the discretionary power under Section 256 of the Cr.P.C. as the accused did not appear on the date of hearing i.e. 24.10.2024 and non- appearance of the complainant was bonafide. 5. Heard learned counsel for the petitioner and perused relevant documents annexed with the Petition. 6. On due consideration, leave as prayed for by counsel for the petitioner is granted. 7. Let the Petition filed by the petitioner be registered as an Acquittal Appeal. 8. Issue notice to the respondent on payment of PF, as per rules, returnable within 6 weeks. 9. List this Appeal after service of notice. 10.Accordingly, this CRMP is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka