1 2026:CGHC:5111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1262 of 2025 1 - Shubham Agrawal S/o Mohan Lal Agrawal Aged About 32 Years Resident Of Surbhi Travels, Kalibadi Chowk, P.S. City Kotwali, Raipur, Tehsil And District Raipur (C.G.) ... Petitioner(s) versus 1 - Krishnakant Sharma S/o Shivnarayan Sharma Aged About 34 Years Resident Of Near Hanuman Gudi, Lily Chowk, Awdhiyapara, Purani Basti, Raipur, Tehsil And District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Raza Ali, Advocate. For Respondent(s) : None, though served. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 29/01/2026 1. Heard on I.A. No. 02/2025, which is an application for condonation of delay in filing the CRMP. 2. Learned counsel for the petitioner would submit that the petitioner was prosecuting a complaint case under Section 138 of the Negotiable Instrument Act, before the learned trial Court in which the accused was convicted and sentenced, however, in the appeal filed by the accused before the learned Sessions Court against the judgment of conviction ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.01.30 10:52:45 +0530 2 and sentence, his appeal is allowed and he has been acquitted from the alleged offence under Section 138 of Negotiable Instrument Act, against which the complaint has filed the present application for grant of leave to file acquittal appeal which is delayed by 59 days. 3. On due consideration and for the reasons mentioned in the application, the I.A. No. 02/2025, is allowed. The delay of 59 days in filing the application for leave to file acquittal appeal is condoned. 4. Also heard on the application for grant of leave to file acquittal appeal. 5. Learned counsel appearing for the applicant would further submit that the learned appellate Court has acquitted the respondent accused on the ground that the complainant has failed to prove the legally recoverable debt against the accused as well as he could not produce his financial capacity to advance loan to the accused for which the subject cheque was issued. He would further submits that there is statutory presumption against the accused which has been ignored by the learned first appellate Court, therefore, leave to appeal may be granted to the petitioner. 6. On due consideration, the application I.A. No. 02/2025, is allowed and leave to file acquittal appeal is granted in favour of the petitioner. 7. Registry is directed to register the case as a regular acquittal appeal and list it in the next week. 8. The present CRMP is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok