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2025 DAILYLAW 247 (CHH)

RANDEEP SINGH BHATIYA v. SMT. BASANTI SAO

CRMP/3137/2025 · 2026-01-01

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3137 of 2025 1 - Randeep Singh Bhatiya S/o Harjad Singh Bhatiya Aged About 34 Years R/o Lalbagh, Housing Board Colony, L.I.G. - 6, Rajnandgaon, Tehsil And District - Rajnandgaon Chhattisgarh. ... Petitioner versus 1 - Smt. Basanti Sao W/o Shri Vishnu Shankar Sao Aged About 55 Years R/o Village And Post - Jangalpur, House No. 94, Ward No. 5, Tehsil And District - Rajnandgaon Chhattisgarh. ... Respondent(s) Order Sheet 02/01/2026 Shri Khilendra Sahu, Advocate for the petitioner. None for the respondent though served. This is an application under Section 528 of BNSS, 2023 for restoration of Cr.M.P. No.1614 of 2022 which was dismissed vide peremptory order dated 02.02.2023 passed by the co-ordinate Bench of this court. Learned counsel for the petitioner would submit that matter pertains to acquittal of respondent/accused from the offence under Section 138 of The NI Act. The Acquittal Appeal was filed by the complainant/petitioner herein which was registered as CrMP No.1614 of 2022, however, certain 2 defects were pointed out by the Registry and as such the coordinate Bench passed peremptory order on 02.02.2023 for removing defaults within four weeks, however, the same could not be rectified within specified time and therefore the appeal was dismissed on account of that peremptory order. He would further submit that the complainant/petitioner still wants to pursue the said acquittal appeal against the accused/respondent and therefore CrMP No.1614 of 2022 may be restored to its original number. On due consideration, the present application under Section 528 of BNSS is allowed and CrMP No.1614 of 2022 is restored to its original number. After restoration, CrMP No.1614 of 2022 be listed for hearing in the week commencing 19th January, 2026. Sd/- (Ravindra Kumar Agrawal) Judge Inder