1 2025:CGHC:32673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 75 of 2025 1 - Giri Kumar Yadav S/o Devi Prasad Aged About 29 Years R/o School Para, Korba, District Korba, Chhattisgarh. --- Appellant versus 1 - Manoj Patel S/o Vishwajit Patel Aged About 34 Years R/o Dadarkhurd Korba, Tahsil And District Korba Chhattisgarh. --- Respondent ACQA No. 135 of 2025 1 - Giri Kumar Yadav S/o Devi Prasad Aged About 29 Years R/o School Para, Korba, District- Korba, Chhattisgarh (correct Father’s name mentioned). ---Appellant Versus 1 - Manoj Patel S/o Vishwajit Patel Aged About 34 Years R/o Dadarkhurd Korba, Tahsil And District- Korba, Chhattisgarh. --- Respondent For Appellant : Ms. Aditi Joshi, Advocate For Respondent : Mr. Shikhar Bakhtiyar, Advocate appears on behalf of Mr. Anshul Tiwari, Advocate PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.15 16:38:32 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 14/07/2025 1. At the outset, learned counsel for the appellant submits that these Appeals have wrongly been filed as Acquittal Appeal. She would further submit that when a complaint case has been dismissed under Section 226 or Sub-Section (4) of Section 227, the proper remedy available to the appellant for non-payment of process fee is to file an appropriate application under Section 439 of the BNSS, 2023 (old Section 398 of the CrPC) and the said provision reads as under:- “439. Power to order inquiry. On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-section (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.” Lastly, learned counsel submits that she may be permitted to withdraw 3 both the Appeals with liberty to file an appropriate application in accordance with law. 2. 2. In view of the aforesaid, both the Appeals are dismissed as withdrawn with liberty as prayed for. 3. Registry shall return the certified copy of the judgments along with all the annexures to counsel for the appellant after retaining the photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Priyanka