1 2025:CGHC:31961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 318 of 2025 1 - Sandeep Dewangan S/o Shri Kanhaiyya Dewangan Aged About 38 Years R/o Dewangan Para, Kawardha District- Kabirdham, C.G. ... Appellant versus 1 - Jitendra Sharma S/o Late Shri Ramkumar Sharma Aged About 40 Years R/o Village- Silhati, P.S. - Bodla, District- Kabirdham (C.G.) ... Respondent For Appellant : Mr. Dinesh Tiwari, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 10/07/2025 1. This Acquittal Appeal has been preferred under Section 372 of the CrPC (now 413 of the BNSS, 2023) against the order dated 15.04.2025 passed by the Judicial Magistrate First Class, Kabirdham (Kawardha) in Case No.148/2020, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.11 11:47:28 +0530 2 2. At the outset, learned counsel for the appellant submits that this Appeal has wrongly been filed directly before this Court, as in view of the proviso to Section 413 of the BNSS, an Appeal would lie before the Court to which an Appeal ordinarily lies against the order of conviction of such Court. Therefore, learned counsel prays to withdraw this Appeal with liberty to file an appropriate application before the concerned Court in accordance with law. 3. In view of the aforesaid, this Appeal stands dismissed as withdrawn reserving the liberty as prayed for. 4. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining the photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Priyanka