1 2026:CGHC:17643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1824 of 2022 Nirmal Chand Kothari S/o Umend Chand Kothari, Aged About 49 Years, R/o Kamthi Line, In Front Of State Bank Of India, Rajnandgaon, District Rajnandgaon Chhattisgarh ... Petitioner versus Sanjay Prajapati S/o Rajendra Pandit, R/o Beside Microwave Tower, G. E. Road, Near Nagpur Naka, Rajnandgaon, District Rajnandgaon Chhattisgarh ... Respondent For Petitioner : Shri Shaleen Singh Baghel, Advocate appears along with Shri Rajendra Patel, Advocate. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 17/04/2026 1. By virtue of this petition, the petitioner is questioning the legality and propriety of the judgment of acquittal dated 24/03/2022, passed by Judicial Magistrate First Class, Rajnandgaon (C.G.) in Complaint Case No.2681/2017, whereby, the Respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instrument Act, 1881. 2. Counsel appearing for the petitioner has prayed for withdrawal of this petition with liberty to avail the alternative remedy in the light of NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2026.04.17 17:29:11 +0530 2 principles laid down by Hon’ble Supreme Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 2025 INSC 804. 3. Having considered the aforesaid submissions of the counsel appearing for the petitioner in the light of the aforesaid principles laid down by the Supreme Court in the above referred matter, the instant petition stands disposed of with a direction that, if the petitioner questions the impugned judgment of acquittal in appeal within a period of 60 days from today, the concerned Sessions Judge would not insist upon the limitation while deciding the same and will proceed to decide the appeal, in accordance with law. 4. Registry shall return the certified copy of the impugned judgment (Annexure-A/1) and relevant documents to counsel for the petitioner after obtaining the photocopy of the same and, shall remit the record to the concerned Court forthwith. 5. Accordingly, the petition is disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Kamde