1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 415 of 2026 C.G. Motors Through Proprietor- Priyank Agrawal S/o Ghanshyam Agrawal, Aged About 26 Years, Address- C.G. Motors, T.V.S. Showroom, Raipur Road, Tahsil And District Bemetara C.G. ... Petitioner(s) versus Kuldeep Saxena S/o Late Shri Vijay Kumar Saxena Aged About 50 Years R/o L.I.G. 82, Housing Board Colony, Near S.B.I. Industrial Area Bhilai, Police Station Jamul, District Durg C.G. ... Respondent(s) For Petitioner(s) : Mr. Gaurav Singhal, Advocate For Respondent(s) : None Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 03/03/2026 1. This is an application u/s 419(4) of the Bharatiya Nagarik Suraksha Sanhita,2023 for grant of leave to file acquittal appeal. 2. Learned counsel for the applicant would submit that the respondent/ accused has been convicted by the learned trial Court for the offence 2 under Section 138 of the Negotiable Instrument Act, 1881 (NIA) but in the appeal filed by him before the learned Second Additional Sessions Judge, Bemetara, he has been acquitted. The learned appellate Court has acquitted the respondent/accused on the ground that the complainant was not authorized to prosecute the complaint case on behalf of the C.G. Motors whereas he has filed the due authorization from the proprietor of C.G. Motors that he was competent to prosecute the complaint case. He would further submit that the learned appellate Court has also considered by acquitting the accused that the cheque was issued by S.S. Automobiles but the said concern has not been made as a party accused in the complaint whereas the S.S. Automobiles is a proprietorship firm and its proprietor Kuldeep Saxena has been made as a party accused in the complaint case, therefore, there is sufficient ground to admit the acquittal appeal and relief may be granted to the appellant. 3. On due consideration, the application for grant of leave to file acquittal appeal is allowed and leave is granted in favour of the applicant. 4. The Registry is directed to register the present case as a Acquittal Appeal and list the matter in the next week. 5. The present CRMP stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Sumit