1 2025:CGHC:9427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 411 of 2025 Ritesh Kumar Agrawal (Died) Through Legal Heir Smt. Vibha Agrawal W/o Late Ritesh Kumar Agrawal, Aged About 35 Years, R/o Ashish Book Depot, Main Road, Janjgir, Tahsil Janjgir District Janjgir Champa Chhattisgarh ... Petitioner versus Anil Gupta S/o Kailash Gupta Aged About 42 Years R/o Ganga Nursing Home Ke Baju Me Kumharpara, Makan No. J-04, Raigarh, Thana Raigarh Chhattisgarh ... Respondent For Petitioner : Mr. Vikas Kumar Pandey, Advocate For Respondent : None Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.02.2025 1. Heard Mr. Vikash Kumar Pandey, learned counsel for the appellant and perused material available on record. 2. The petitioner has sought leave to appeal against the impugned judgment of acquittal dated 20.02.2023 (Annexure A-1) passed by the Judicial Magistrate First Class Champa, District - Janjgir- Champa (C.G.) in Criminal Case No. 55/2018 by which the learned J.M.F.C. had acquitted the respondent under Section 138 of Negotiable Instruments Act, 1881. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.02.25 15:54:28 +0530 2 3. Brief facts as reflected from the record are that the complainant/deceased husband of the appellant and the respondent were known to each other and the respondent needed money for business purpose, therefore, he obtained Rs. 15,00,000/- from the complainant and the complainant has given the amount on cash. For re-payment of the loan, the accused/respondent gave a cheque bearing No. 490160 dated 14.09.2018 of Rs. 15,00,000/- to the complainant. The complainant submitted the cheque for clearance in the bank where he is having bank account in Akvitas Bank, Branch Janjgir which was dishonored and returned with a memo for the reason of account closed. The complainant due to dishonor of cheque sent a legal notice to respondent through his Advocate on 11.10.2018 which was received by the respondent and despite receiving the legal notice no amount was returned by the respondent nor any reply was given to the complainant. On 06.11.2018 the complainant has filed a complaint case against the non applicant U/S 138 of the Negotiable Instrument Act before the J.M.F.C. Janjgir and the husband of complainant filed all the documents. 4. The learned J.M.F.C. Janjgir has issued notice to respondent but he did not appear before Trial Court and complainant continuously appeared before Trial Court and due to COVID -19 Pendamic there was lock-down due to which case was adjourned. After completion of lock down the work came in force 3 and the learned J.M.F.C. Janjgir has dismissed the case on 20.02.2023 for want of prosecution. Being aggrieved with the impugned order, the complainant has filed an application for restoration before J.M.F.C. Janjgir but the same has been dismissed on 04.05.2024. After passing of the order dated 04.05.2024 the complainant has filed a revision petition before Session Judge, Janjgir-Champa (C.G.) and same has been dismissed on 13.12.2024. 5. Learned counsel for the appellant submits that the complainant in this case had died and the petitioner who is wife of the deceased complainant has come to know about the order dated 20.02.2023 by which the complaint has been dismissed. The present appeal has been filed against the order dated 20.02.2023. 6. It transpires from the record that against the order of dismissal of complaint, the appellant has preferred an application on 25.01.2024 for restoring of the said complaint case and the same was rejected by the trial Court vide order dated 04.05.2024. The appellant, against the order dated 04.05.2024, has preferred a criminal revision which was registered as Criminal Revision No. 30/2024 before the Sessions Judge, Janjgir-Champa (C.G.) and the same was dismissed on 13.12.2024 and the petitioner had filed the present appeal against the order dated 20.03.2023 by which the complaint of the deceased complainant was dismissed on the count of non- prosecution. 4 7. On a query being made to the counsel for the appellant with respect to the maintainability of the present acquittal appeal against the order dated 20.02.2023 against which the appellant has moved an application on 25.01.2024 for restoration of the complaint as the same was dismissed on 04.05.2024 and the revision too was dismissed vide order dated 13.12.2024, but counsel for the appellant could not give a satisfactory reply. 8. In view of the same, the present appeal is accordingly dismissed leaving it open to the appellant to take recourse to law with respect to the order dated 04.05.2024 passed by the Judicial Magistrate First Class Janjgir, District - Janjgir-Champa (C.G.) Sd/- (Ramesh Sinha) Chief Justice Manish