1 2025:CGHC:46810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No.539 of 2022 Subhank Transport Proprietor Tameshwar Prasad Sahu S/o Shri Hemray Sahu, Aged About 32 Years, R/o Village Janjgiri (B.M.Y. Charoda) Police Station Bhilai - 3, District Durg Chhattisgarh. ... Petitioner/Complainant versus Vivek Pratap Singh S/o Surendra Pratap Singh Aged About 35 Years R/o Shyam Villa, Purani Basti , Kohka , Ward No.07, Nearby Govt. High School , Kohka , Police Station Supela, Bhilai, District Durg Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Purnendra Khichariya, Advocate For Respondent(s) : None SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 12/09/2025 1. During the pendency of this petition, the petitioner has prayed for withdrawal of this petition with liberty to question the legality and propriety of the impugned judgment dated 13/01/2022 passed by the Judicial Magistrate First Class, Bhilai-3, District Durg (C.G.) in Complaint Case No.24/2017, before the learned Sessions Court under Section 372 of Cr.P.C., in view 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. SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.09.15 10:56:38 +0530 2 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 30 days from today, the 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 and relevant documents to counsel for the petitioner after retaining the photocopy of the same and, shall remit the record to the concerned Court forthwith. 4. Accordingly, the petition is disposed of. SD/- (Sanjay S. Agrawal) JUDGE Tumane