1 2025:CGHC:47470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1269 of 2023 Manish Wadhwani, S/o Shri Khiyaldas Wadhwani, Aged About 40 Years, R/o House No. 07, Guide Line, Anand Niketan, Avanti Vihar Colony Raipur, District Raipur Chhattisgarh ... Petitioner versus 1 - Shimla Big Shop, Through Authorized Signatory, Vinod Chattani, S/o Late Ramesh Lal Chattani, R/o Near Post Office, Shankar Nagar, Raipur District Raipur Chhattisgarh 2 - Vinod Chattani S/o Late Ramesh Lal Chattani, Through Authorized Signatory, R/o Astha Apartment, Shankar Nagar, Raipur, District Raipur Chhattisgarh Another Address :- Vinod Chattani S/o Late Ramesh Lal Chattani, Through Authorized Signatory Shimla Big Shop C/o Dehali Darbar Restaurant, In Front of Gold Gym, Shankar Nagar, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Petitioner : Shri Mayank Kumar, Advocate. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 16/09/2025 1) During the pendency of this petition, the petitioner has prayed for withdrawal of this petition with liberty to question the legality and propriety of the impugned order dated 10/04/2023 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Complaint Case No.2637/2017, before the learned Sessions Court under Section 372 of Cr.P.C., in view of principles laid down by Hon’ble Supreme NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.09.17 11:01:13 +0530 2 Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 2025 INSC 804. 2) Having considered the aforesaid submissions of the counsel appearing for the petitioner in the light of the aforesaid principles laid down by the Supreme Court in the above referred matter, the instant petition stands disposed of with a direction that, if the petitioner questions the impugned judgment of acquittal in appeal within a period of 30 days from today, the concerned Sessions Judge would not insist upon the limitation while deciding the same and will proceed to decide the appeal, in accordance with law. 3) Registry shall return the certified copy of the impugned order (Annexure-A/1) and relevant documents to counsel for the petitioner after obtaining the photocopy of the same and, shall remit the record to the concerned Court forthwith. 4) Accordingly, the petition is disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Kamde