1 2025:CGHC:32157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 323 of 2025 Sandeep Kumar Minj S/o Shri Bhanjan Minj, Aged About 36 Years R/o Village Saraidih, P/s Dhaurpur, District Surguja C.G. ... Appellant. versus Tuleshwari Singh Maravi W/o Rang Say, Aged About 37 Years R/o High School Salka, P/s Udaypur, District Surguja C.G. ... Respondent. For Appellant : Mr. Rahul Pathak, Advocate. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 11.07 2025 1. The appellant has filed this appeal under Section 419 (4) of the BNSS, 2023 against the judgment of acquittal dated 28.11.2024 passed by the Judicial Magistrate First Class, Ambikapur in Complaint Case No.1698/2022, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 2. The case is listed on several defaults including the default of non filing of application for grant of leave to appeal. 3. At the outset, learned counsel for the appellant seeks to withdraw this appeal with liberty to file appropriate appeal before the appropriate forum in accordance with law, as he has directly preferred an acquittal appeal before Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.07.11 16:12:12 +0530 2 this Court. 4. Having regard to the aforesaid submission, this appeal is dismissed as withdrawn reserving the liberty to file an appeal before the appropriate forum in accordance with law. 5. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. Sd/- (Deepak Kumar Tiwari) Judge Ajay