[2025:RJ-JP:43022] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6500/2017 Virendra Kumar S/o Shri Mahaveer, R/o Bishanpura, Post Chitosa, Police Station Buhana, Tehsil Buhana, District Jhunjhunu, Raj. ----Petitioner Versus 1. State of Rajasthan through P.P. 2. Shrikant Kalyan S/o Shri Bajrang Lal Kalyan, R/o Sarmathura Vikash Colony, Nayak Basti, Piprali Road, Sikar, Tehsil And District Sikar, Raj. ----Respondents For Petitioner(s) : Mr. Abhishek B. Sharma For Respondent(s) : Mr. Vivek Choudhary, PP Mr. O.P. Jhajhria HON'BLE MR. JUSTICE ANAND SHARMA Order 27/10/2025 1. Learned counsel for the petitioner submits that although Leave to Appeal is maintainable against impugned order dated 06.11.2017 passed by the learned Court below, whereby complaint filed by the petitioner under Section 138 Negotiable Instruments Act, 1881 (for short, 'the Act of 1881') has been dismissed for want of prosecution, which amounts to deemed acquittal of the accused, yet on account of some confusion and misunderstanding of the provisions of law, the instant criminal miscellaneous petition was filed. 2. Learned counsel for the petitioner further submits that he has got instructions to withdraw the present criminal miscellaneous petition with liberty to file Criminal Leave to Appeal. [2025:RJ-JP:43022] (2 of 2) [CRLMP-6500/2017] 3. Learned counsel for the respondents has got no objection in this regard. 4. Accordingly, the present criminal miscellaneous petition is dismissed as withdrawn with liberty to file fresh Criminal Leave to Appeal and learned counsel for the respondent shall have liberty to raise all the objections available in the law for him. (ANAND SHARMA),J DAKSH/23