1 2025:CGHC:52293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 461 of 2019 U.K. Pandey S/o Late Bhagwat Prasad Pandey Aged About 55 Years R/o Kailash Nagar, Industrial Area, Bhilai, Police Station- Jamul, Tahsil And District- Durg, Revenue And Civil District- Durg, Chhattisgarh. ... Appellant versus Surendra Jain S/o Shri Sonpal Jain Aged About 64 Years R/o Shop No. 307, Zonal Karket, Sector-10, Bhilai, Tahsil And District- Durg, Revenue And Civil District- Durg, Chhattisgarh. ... Respondent For Appellant : Mr. Palash Tiwari and Mr. V. Jayant Kumar, Advocates For Respondent : None present (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 27/10/2025 1. At the outset, learned counsel for the appellant submits that by filing instant acquittal appeal, the appellant/complainant has challenged the order of discharge dated 11.8.2000 passed by Judicial Magistrate First Class, Durg in Criminal Case No.187/98, whereby the respondent/accused has been discharged from the offence under Section 500 of IPC on the ground that complaint filed by him is barred by limitation. He further submits that earlier that order was challenged by the appellant by filing Criminal Revision BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.10.28 11:46:48 +0530 2 No.47/2001, which was permitted to be withdrawn by the appellant vide Order dated 20.9.2012 passed by this Court granting him liberty to file appeal under Section 378(4) of the CrPC. He further submits that the appellant wants to file appeal before concerned Sessions Judge in the light of proviso of Section 372 CrPC against impugned discharge order. Hence, he seeks permission to withdraw this appeal with liberty to file appropriate appeal before concerned Sessions Court. 2. On due consideration, prayer made by learned counsel for the appellant is allowed. He is permitted to withdraw this appeal with liberty as sought for with a condition that, if the appellant wishes to file appeal against the impugned order, then it be filed within 30 days from today before concerned Sessions Court. 3. In view of the above, the acquittal appeal is disposed of as withdrawn. Sd/- (Naresh Kumar Chandravanshi) Judge Bini