1 2025:CGHC:23134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1639 of 2025 Mrityunjay Singh Thakur S/o Late Sukhru Singh Aged About 40 Years R/o Village- Chhirha, Police Station - Dadhi, Tahsil And District- Bemetara (C.G.) ... Petitioner. versus Rajesh Sinha S/o Chintaram Sinha Aged About 28 Years R/o Village- Chhirha-Mungeli Chowk Navagadh, Police Station And Tahsil Navagadh District- Bemetara (C.G.) ... Respondent. For Petitioner : Mr. Vipin Singh Thakur, Advocate. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 10.06.2025 1. Heard on IA No.1/2025 - Application for condonation of delay. 2. On due consideration, delay is condoned. 3. Accordingly, the aforesaid application is allowed. 4. Also heard on prayer for grant of leave to appeal. 5. Learned counsel for the complainant/petitioner would submit that even if the case of the complainant was filed premature prior to 15 days from the date of service of notice, in such circumstances also, as per law laid down in Gajanand Burange Vs. Laxmi Chand Goyal [2022 SCC Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.12 10:49:51 +0530 2 OnLine SC 1711], the trial Court instead of acquittal ought to have given the liberty to the complainant to file fresh complaint on account of non maintainability of the complaint case. 6. Having regard to the aforesaid submission and considering the nature of case of the case which is related to Section 138 of the Negotiable Instruments Act, 1881, leave as prayed for is granted. 7. Let the appeal filed by the petitioner be registered as acquittal. 8. Issue notice to respondent on appeal on payment of PF as per rules. 9. List the appeal in the month of August, 2025. Sd/- (Deepak Kumar Tiwari) Judge Ajay