1 2026:CGHC:15459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 949 of 2026 1 - Santosh Soni S/o Shyam Lal Soni, Aged About 57 Years, R/o Riverside Road, In Front Of Sai Mandir, Next To The Road Of Mansukh Lal Bhawan, Police Station- City Kotwali, District- Bilaspur (C.G.). ... Petitioner versus 1 - Deedar Singh S/o Banta Singh, Aged About 55 Years, R/o Pro. Guru Nanak Jwellers, Gondpara, Police Station- City Kotwali, District- Bilaspur (C.G.). ... Respondent For Petitioner : Mr. Virendra Kashyap, Advocate For Respondent : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06 / 04 / 2026 1. The present petition under Section 528 of BNSS has been filed against the order dated 23.01.2026 passed by learned Judicial Magistrate First class, Bilaspur (C.G.), in N.I.A. Case No. 917/2019, convicting the petitioner for the offence under Section 138 of NI Act and sentenced to undergo S.I. for 01 year and to pay a fine/compensation amount of Rs.10,00,000/-. 2. Learned counsel for the petitioner submits that the findings recorded by the learned trial Court are baseless, perverse, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.07 16:37:29 +0530 2 and contrary to the facts and circumstances of the case. He further submits that the learned trial Court has convicted the petitioner for the offence under Section 138 of the NI Act without considering and appreciating some important evidence. Therefore, the impugned judgment dated 23.01.2026 is liable to be set aside, and the matter deserves to be remanded back to the learned trial Court for fresh consideration and decision after appreciating the defence evidence. 3. Upon perusal of the record, it is apparent that the petitioner has not filed an appeal against the impugned order before the competent Appellate Court and has directly approached this Court under its inherent jurisdiction. It is a settled principle of law that inherent powers under Section 528 BNSS cannot be invoked to bypass specific statutory remedies and hierarchy of courts. As the petitioner has a direct statutory remedy available before the appellate forum and has failed to avail himself of the same, this Court is not found it appropriate to exercise the inherent power under Section 528 of BNSS in the present case. 4. Accordingly, the CRMP is dismissed at the motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.