2025:CGHC:18193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1842 of 2024 Smt. Smriti Mishra W/o. Rudeshwar Prasad Mishra Aged About 40 Years R/o. Albedhapara Ward, Kondagaon, Tehsil And District- Kondagaon (C.G.) ... Petitioner versus Dayaram Patel S/o. Late Harjibai Patel Aged About 52 Years R/o. Timber Bhawan, Main Road, Kondagaon, Tehsil And District- Kondagaon (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Shobhit Koshta, Advocate For Respondent : Shri DK Gwalre, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 22.04.2025 1. Heard learned counsel for the parties. 2. Learned counsel for the petitioner would submit that though at present, the case is fixed for evidence of the complainant but he moved an application under Section 45 of the Indian Evidence Act, 1872 for getting the handwriting of the accused/petitioner on the Cheque in question examined by the handwriting expert but the said application has been dismissed by the learned trial Court, as well as by the revisional Court. Since the accused has not entered into his defence, he may be permitted to withdraw the present petition with liberty to repeat his prayer Digitally signed by V PADMAVATHI Date: 2025.04.23 10:51:44 +0530 Crmp 1842 of 2024 2 when the accused entered into his defence, as provided under Section 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), and in that stage, learned trial Court shall decide the application filed by the accused independently, on its own merits without being influenced by the earlier orders passed by it, or by the revisional Court , with respect to the application filed under Section 45 of the Evidence Act, 1872. 3. The submissions made by the learned counsel for the petitioner are not opposed by the learned counsel appearing for the respondent, and would submit that he has no objection if such an order would be passed in the present petition. 4. On due consideration, and on the submissions made by learned counsel for the parties, this petition stands disposed of reserving the liberty to the petitioner to move application afresh before the learned trial Court as and when he enters into the defence as provided under Section Section 266 of the BNSS 2023, or at an appropriate stage, and in the eventuality so arises before the learned trial Court, they shall decide the application filed by the petitioner on its own merit, without being influenced by its earlier order passed by the trial Court or by the revisional Court. 5. With the aforesaid observations, and liberty, present petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma