1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1889 of 2025 Harsh Yadav S/o Krishi Raman Yadav Aged About 31 Years R/o A/5, Cross Street No. 2, Ashish Nagar, West Risali, Bhilai District Durg (C.G.) ... Petitioner(s) versus Khem Dev Sahu Mines And Minerals Proprietor Proprietor Khemdev Sahu S/o Pardesi Ram Sahu, Aged About 50 Years, Village Kandai, Tehsil Dhamdha, Tehsil And District Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shalvik Tiwari, Advocate For Respondent(s) : Ms. Swati Agrawal, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02/03/2026 1. This is an application for grant of leave to file acquittal appeal. 2. Learned counsel for the applicant would submit that the respondent/ accused was convicted by the learned trial Court for the offence under Section 138 of the Negotiable Instrument Act, 1881 (NIA) whereas in the appeal filed by the respondent/ accused before the learned Second 2 Additional Sessions Judge, Durg, he has been acquitted. The learned Sessions Court has considered that there is no legally recoverable debt against the respondent/ accused, proved by the complainant for which the alleged cheque was issued and the complainant has failed to prove any liability against the respondent/ accused and therefore, acquitted from the alleged offence. It would further submitted that there is a statutory presumption in favour of the complainant that the cheque was issued to discharge the liability of the complainant, therefore, the impugned judgment of acquittal is erroneous and leave to appeal may be granted. 3. On due consideration, the application for grant of leave is allowed and need to file acquittal appeal is granted in favour of the applicant. 4. The Registry is directed to register the case as Acquittal Appeal and list the matter in the next week. 5. The name of Ms. Swati Agrawal, Advocate be published from the respondent side in the cause-list. 6. The present CRMP stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Sumit