1 2026:CGHC:8333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 735 of 2025 Bhagwati Prasad Sahu S/o Late Ramnarayan Sahu, aged about 76 years, R/o Near Sahu Sadan Kelabadi Durg P.S. City Kotwali Durg District - Durg Chhattisgarh Civil and Revenue District - Durg (C.G.) ---Petitioner Versus Ashwani Tiwari S/o Late G.N. Tiwari, aged about 40 years, R/o Qr. No. 22 /f Road - 4 Sector - 2 Bhilai Nagar District - Durg (C.G.) --- Respondent For Petitioner : Mr. Shrikant Kaushik, Advocate. For Respondent : Mr. Vipin Tiwari, Advocate. Hon'ble Shri. Justice Ravindra Kumar Agrawal, J. Order on Board 16.02.2026 1. Heard on I.A. No. 01/2025, which is an application for condonation of delay in filing the Acquittal Appeal. 2. Learned counsel for the petitioner would submit that the petitioner had Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 prosecuting complaint case under Section 138 of the Negotiable Instruments Act, 1881 before the learned Judicial Magistrate First Class, Durg. The respondent/accused was convicted by the learned trial Court vide its judgment dated 31.03.2014, thereafter, the respondent/accused preferred a Criminal Appeal before the learned Fourth Additional Sessions Judge, Durg vide Criminal Appeal No. 105 of 2014. The said Criminal Appeal was decided on 04.02.2016 and the respondent/accused was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881. The order of acquittal passed by the learned Appellate Court was challenged by the complainant/petitioner before this Court by filing Criminal Revision No. 384 of 2016 which was came up for hearing before this Court on 09.07.2024 and on that date, the said Criminal Revision was withdrawn on the ground of availability of alternative remedy and to avail the same in accordance with law. Thereafter, the present application for grant of leave to file Acquittal Appeal has been filed on 19.01.2025 which is delayed by 2497 days which is being counted from the date of judgment of acquittal passed by learned Fourth Additional Sessions Judge, Durg. He would further submit that the applicant/petitioner was bonafidely prosecuted the Criminal Revision before this Court in Criminal Revision No. 384 of 2016 which has been dismissed as withdrawn on 09.07.2024. Therefore, the time explained in bonafidely prosecuting the Criminal Revision may be excluded from the total period of limitation. The delay in filing the application for grant of leave to file Acquittal Appeal may be condoned. 3. Mr. Vipin Tiwari, learned counsel for the respondent, accepts notice of 3 the acquittal appeal. However, the learned counsel for the respondent had raised formal objections. 4. On due consideration and for the reasons mentioned in the application, also in view of the judgment of Collector, Land Acquisition, Anantnag v. Mst. Katiji, (1987) 2 SCC 107, and N. Balakrishnan V. M. Krishnamurthy, (1998) 7 SCC 123, the same (I. A. No. 01/2025) is allowed and the delay of 2497 days in filing the instant petition is condoned. 5. Heard on the present CRMP which is an application under Section 419 (4) of BNSS, 2023 for grant of leave to appeal. 6. Learned counsel for the petitioner would submit that the learned Fourth Additional Sessions Judge, Durg has acquitted the respondent/accused of the offence under Section 138 of the Negotiable Instruments Act, 1881 on the ground that the complainant has failed to prove the liability on the respondent/accused for which the said cheque was issued and failed to discharge his liability to prove the legally recoverable debt against the respondent/accused. He would further submit that there is statutory presumption in favour of the complainant that the cheque was issued in discharge of the legally recoverable debt and liability on the respondent/accused. Therefore, the leave to appeal may be granted. 7. Since the appeal appears to be arguable on merits, therefore, leave to appeal against the acquittal is granted to the petitioner. 4 8. Record of the learned trial Court has already been received. 9. Mr. Vipin Tiwari, learned counsel appearing for the respondent accepts notice of the acquittal appeal on behalf of the respondent/accused. Registry is directed to publish the name of Mr. Vipin Tiwari, Advocate as a counsel for the respondent in the cause list. 10.Registry is further directed to register this Cr.M.P. No. 735 of 2025 as regular Acquittal Appeal and list it after three weeks for final hearing. Sd/- (Ravindra Kumar Agrawal) JUDGE U.K.Raju