1 2026:CGHC:17862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 912 of 2026 Smt. Anita Sinha W/o Shri Bhisan Sinha Aged About 32 Years Proprietor - Aryan Steel, Village - Puri, Charama, P.S. And Tahsil - Charama, Distt. - North Bastar Kanker Chhattisgarh ... Petitioner(s) versus Johar Tekam S/o Shri Ramji Tekam Aged About 32 Years R/o Village - Dumarkot, Post - Baijanpuri, P.S. And Tahsil - Bhanuprattappur, Distt - North Bastar Kanker Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rajendra Patel, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 20/04/2026 1. Heard. 2. This is an application under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of leave to file acquittal appeal. SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.04.21 10:25:25 +0530 2 3. Learned counsel for the petitioner would submit that the petitioner was the complainant before the learned trial Court, he was prosecuting a complainant under Section 138 of Negotiable Instrument Act against the respondent in which the respondent was convicted by the learned trial Court and sentenced for simple imprisonment for one year with fine of Rs. 3,00,000/-, in default of payment of fine, additional simple imprisonment for 6 months. The said judgment of conviction and sentence was challenged by the respondent before the Appellate Court and the Appellate Court has allowed the appeal and acquitted the respondent on the ground that the petitioner has failed to prove that he is the owner/proprietor of the Aryan Steel, Puri and also on the ground that he could not substantiated by filing relevant documents about the legally recoverable debt. He would also submit that there is statutory presumption in favour of the complainant, particularly when the issuance of cheque has not been denied by the respondent. 4. Considering the submissions made by learned counsel for the petitioner, the application for grant of leave is allowed. 5. The Registry is directed to register the present CRMP as regular Acquittal Appeal and list the case in the next week. 6. The present CRMP is disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit