1 CGHC010180582026 2026:CGHC:36118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1776 of 2026 1 - Ramesh Kumar Prajapati S/o Agnu Prajapati, Aged About 48 Years R/o Village - Rasaur, Khokham Road, Madrasa Ke Pass, Thana - Chorhata, District -Riwa (M. P.), Present Address - Village Torkatta, Thana - Somni, District - Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - Md. Ahmed Qureshi S/o Hafiz Mo. Husain, Aged About 52 Years R/o Village - Ghoghar, Ward No. 34, Indian Meet House, Thana- City Kotwali, Tahsil - Huzur, District -Riwa (M. P.) ... Respondent(s) For Petitioner(s) : Mr. S.P.Sannat, Advocate For Respondent(s) : None present. (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 13/08/2026 Present is an application seeking leave to appeal against the judgment of acquittal dated 04.04.2026 passed by the learned Additional Sessions Judge (FTC), Rajnandgaon, in Criminal Appeal 2 No. 41/2025, whereby the respondent/accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and the judgment of conviction and order of sentence dated 22.02.2025 passed by the learned Judicial Magistrate First Class, Rajnandgaon, in Criminal Case No. 3401/2021 have been set aside. 2. Learned counsel appearing for the applicant submits that the learned Trial Court, upon appreciation of the evidence on record, had rightly convicted the respondent/accused for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of one year and to pay compensation of ₹4,00,000/-, with default stipulation. However, in the appeal preferred by the respondent/accused, the learned Appellate Court has acquitted him, principally on the ground that the complainant failed to establish the existence of a legally enforceable debt, without giving due effect to the statutory presumptions operating in favour of the complainant. 3. It is further submitted that the learned Appellate Court has failed to appreciate that the issuance of the cheque in question has not been disputed by the respondent/accused. Once the execution and issuance of the cheque were admitted, the statutory presumptions under the Negotiable Instruments Act ought to have been drawn in favour of the complainant, subject, of course, to rebuttal thereof in accordance with law. It is, therefore, contended that the findings recorded by the learned Appellate Court are contrary to 3 the settled principles governing the statutory presumptions under the Act and, prima facie, render the impugned judgment of acquittal vulnerable to interference. 4. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material available on record, this Court is of the view that the appeal raises arguable and substantial questions on merits which warrant consideration. Accordingly, the application seeking leave to appeal is allowed. 5. Registry is directed to register the matter as a regular criminal acquittal appeal and list the same in the next week. Consequently, the Cr.M.P. stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.08.19 12:55:05 +0530