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2025 DAILYLAW 5316 (CHH)

KISHORE KUMAR PRITWANI v. MUKESH BANSHIWALA

ACQA/46/2020 · 2025-08-04

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:38583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 46 of 2020 Kishore Kumar Pritwani S/o Shri Atthumal Pritwani Aged About 50 Years R/o Lakhenagar, Raipur, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Appellant. versus Mukesh Banshiwala Proprietor K.K. Enterprises, R/o - K.K. House, Janta Quarter No. 40, Beside Nutun School, R.D.A. Colony, Tikrapara, Ripur, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent. For Appellant : Mr. Mayank Kumar, Adv on behalf of Mr. Rashul Bhawnani, Adv For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 05.08.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 07.09.2019 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No.08/2012, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). 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: 2025.08.05 17:06:39 +0530 2 2. At the outset, learned counsel for the appellant informs this Court that the respondent/accused has expired, therefore, this appeal becomes infructuous. 3. No application has been filed by the counsel for the respondent or by LR's of the respondent to prosecute this appeal any further. 4. The statement made by the counsel for the appellant/complainant is taken on record. 5. In view of the submission made by counsel for the appellant/complainant, the present appeal is abated and it is accordingly dismissed. Sd/- (Deepak Kumar Tiwari) Judge Ajay