1 2026:CGHC:16505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 761 of 2026 Shambhunath Dubey S/o Late Shri Girjashankar Dubey Aged About 80 Years R/o Subhash Ward, Kanker, Tahsil And P.S. Kanker, District North Bastar- Kanker (Chhattisgarh) ... Petitioner(s) versus Chaitram Yadav S/o Shri Farasram Yadav Aged About 40 Years R/o Village Tultuli (Near Pidhapal), Tahsil And P.S. Kanker, District North Bastar- Kanker (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Shayan Kar, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 09/04/2026 1. Heard. 2. This is an application under Section 378(4) of CrPC (under Section SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.04.10 14:38:19 +0530 2 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023) for grant of leave to acquittal appeal. 3. Learned counsel for the petitioner would submit that the learned trial Court has convicted the respondent/accused for the offence under Section 138 of the Negotiable Instrument Act, 1881 whereas the Appellate Court has acquitted the respondent/accused on the ground that the complainant has not disclosed the transaction of cash amount in his Income Tax Return. He would further submit that ignoring the statutory presumption in favour of the complainant, the learned Appellate Court has passed its judgment acquitting the respondent/accused. 4. Considering the submissions made by learned counsel for the petitioner, it is a prima facie case for grant of leave to filed acquittal appeal is made out by the learned counsel appearing for the appellant. Accordingly, the application for grant of leave to appeal is allowed. 5. The Registry is directed to register the case as regular acquittal appeal and list the case in the next week. 6. The CRMP is disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit