1 2025:CGHC:57261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 886 of 2023 Nirmal Chand Kothari S/o Umed Chand Kothari, Aged About 46 Years, Occupation Business, R/o P. Santosh Kumar And Brothers, Petrol Pump, In Front Of New Bus Stand, Tehsil And District Balod, Chhattisgarh ... Petitioner versus Pukhraj Patel S/o Jeevan Ram Patel, Shakti Krishi Kendra, In Front Of Deepak Bhojnalaya, Post And Tehsil Dongargaon, District : Rajnandgaon, Chhattisgarh ... Respondent For Petitioner : Shri Khilendra Sahu, Advocate appears on behalf of Shri S.S. Baghel, Advocate. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 25/11/2025 1. By virtue of this petition, the petitioner is questioning the legality and propriety of the judgment dated 03/02/2023 passed by the Judicial Magistrate First Class, Rajnandgaon, District Rajnandgaon (C.G.) in Criminal Case No.2512/2014, during the pendency of this petition, counsel appearing for the petitioner has prayed for withdrawal of this petition with liberty to avail the alternative remedy in the light of principles laid down by Hon’ble Supreme Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 2025 INSC 804. 2. Having considered the aforesaid submissions of the counsel appearing for the petitioner in the light of the aforesaid principles laid down by the Supreme Court in the above referred matter, the instant petition stands disposed of with a direction that, if the petitioner questions the impugned judgment of acquittal in appeal within a period of 60 days from today, the NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.11.25 18:10:59 +0530 2 concerned Sessions Judge would not insist upon the limitation while deciding the same and will proceed to decide the appeal, in accordance with law. 3. Registry shall return the certified copy of the impugned judgment (Annexure-A/1) and relevant documents to counsel for the petitioner after obtaining the photocopy of the same and, shall remit the same to the concerned Court forthwith. 4. Accordingly, the petition is disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Kamde