1 2026:CGHC:11751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2652 of 2025 Rajesh Kumar Shrivastava S/o Shivnandan Lal Aged About 72 Years R/o 141, Jawahar Nagar, Durg, P.S. Mohan Nagar, Tehsil And District- Durg (C.G.) ... Petitioner(s) versus Mukesh Chandrakar S/o Komal Prasad Chandrakar Aged About 41 Years R/o Near Durgamandir, Kadambari Nagar, Durg, P.S. Mohan Nagar, Tehsil And District- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Prasoon Agrawal, Advocate For Respondent(s) : None, though served Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 11/03/2026 1. Heard. 2. No one appears on behalf of the respondent though notice has been served upon him. 2 3. This is an application for grant of leave to file acquittal appeal. 4. Learned counsel for the applicant would submit that the learned trial Court has convicted the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 and an appeal filed against his conviction and sentence of the respondent/accused, the appeal was allowed and he has been acquitted. He would also submit that the learned appellate Court has acquitted the respondent/accused on the ground that the complainant has failed to prove that there was a legally recoverable debt on the date of subject transaction ignoring the statutory presumption available to the complainant in his favour, therefore, the leave to appeal may be granted to him. 5. On due consideration, the application for grant of leave is allowed and leave to file acquittal appeal is granted to the appellant. 6. The Registry is directed to register the present Cr.M.P. as regular acquittal appeal and, thereafter, list the regular acquittal appeal for consideration in the next week. 7. The present Cr.M.P is disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit