1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2793 of 2025 Ganpat Prasad Sahu S/o Ramdaras Sahu Aged About 35 Years R/o Village Chorbhatthi, Police Station Sarsinva District- Sarangarh, - Bilaigarh (C.G.) (Complainant) ... Petitioner(s) versus Ghasiram Dadsena S/o Goverdhan Dadsena Aged About 55 Years R/o Village Khursula, Police Station Bilaigarh District - Sarangarh- Bilaigarh (C.G.) (Accused Person) ... Respondent(s) For Petitioner(s) : Anil Kumar Gulati, Advocate For Respondent(s) : None Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 03/03/2026 1. This is an application u/s 419(4) of the Bharatiya Nagarik Suraksha Sanhita,2023 for grant of leave to file acquittal appeal. 2. Learned counsel for the applicant would submit that the respondent/ accused was convicted by the learned trial Court for the offence under 2 Section 138 of the Negotiable Instrument Act, 1881 (NIA) however, in the appeal filed by him, he has been acquitted by the appellate Court. He would further the learned appellate Court has considered report of the handwriting expert who has been examined on the issue of signature of the respondent accused over the cheque in question and held that the complainant has failed to prove legally recoverable debt, presentation of the cheque within time with the bank for its clearance as well as issuance of demand notice to the respondent/accused and by giving benefit of doubt, the respondent/accused has been acquitted whereas there is statutory presumption in favour of the complainant. 3. On due consideration, the application for grant of leave is allowed and leave is granted in favour of the complainant. 4. The Registry is directed to register the case as Acquittal Appeal and list the matter in the next week. 5. The present CRMP stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Sumit