1 2025:CGHC:40795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 397 of 2024 Saurabh Traders Prop. Shri Sachin Kumar Jain S/o Shri Surendra Kumar Jain Aged About 38 Years R/o Nayapara Jagdalpur, P.S. Kotwali Jagdalpur, District Bastar, Chhattisgarh. ... Appellant versus Vikas Kumar Das R/o Behind Hanuman Mandir Bus Stand Rayghar P.S. Rayghar District Navrangpur (Odisha) Pin Code 764074 ... Respondent For appellant : Shri P.K. Tulsyan, Advocate For Respondent : None (Hon’ble Justice Sachin Singh Rajput) Judgment on Board dated 13.08.2025 This appeal is directed against the order dated 29.01.2021 passed by JMFC Bastar at Jagdalpur in complaint case No. 438/2021 dismissing the complaint of the appellant/complainant on the ground of delay on its part in sending the registered notice to the respondent, and thus holding that no cause of action accrues in its favour. 2 Learned counsel for the appellant submits that he may be permitted to withdraw this appeal with liberty to avail appropriate remedy available under the law in respect of the judgment under challenge in this appeal. He further submits that as the appeal remained pending before this Court, trial Court may be directed to consider the period of limitation sympathetically. Accordingly, the appeal is dismissed as withdrawn with liberty as aforesaid. If any such application is filed, the trial Court shall consider the limitation period sympathetically looking to the fact that this appeal remained pending before this Court. Certified copy of the judgment impugned may be returned to the counsel for the appellant after obtaining duly attested photocopy of the same. Sd/- (Sachin Singh Rajput) Judge Jyotishi