Allowed¶25

Kesari Verma v. Devprasad Patel

Chhattisgarh HC20 Jan 2026CRMP/3077/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur (Neutral citation: 2026:CGHC:3649), CRMP No. 3077 of 2025, decided 21.01.2026 by Ravindra Kumar Agrawal, J. Petitioner Kesari Verma (through POA holder Rajesh Mishra), represented by Shashwat Mishra, sought leave to file acquittal appeal against the acquittal of respondent Devprasad Patel (represented by Rishabh Agrawal) by the 3rd Addl. Sessions Judge, Balodabazar, in a Section 138 Negotiable Instruments Act, 1881 case. Grounds: perverse acquittal ignoring statutory presumption in favour of complainant. Leave granted; Cr.MP allowed and to be registered as acquittal appeal.

What did the court decide?

Leave granted to the applicant/petitioner to file acquittal appeal; Cr.MP to be registered as acquittal appeal and listed after two weeks; respondent's counsel accepted notice. ¶25

Kesari Verma Vs Devprasad Patel — Cheque Dishonour | Chhattisgarh HC (2026)

2026:CGHC:3649

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 3077 of 2025

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1 - Kesari Verma S/o Ayodhyaya Prasad Verma Aged About 54 Years R/o Radha Vihar Colony, Balodabazar, Police Station Balodabazar, District Balodabazar C.G., Through Its Power Of Attorney Holder Rajesh Mishra S/o Shashikant Mishra, Age 45 Years, R/o Radha Vihar Colony, Balodabazar, Police Station Balodabazar, District Balodabazar C.G.

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... Petitioner(s)

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versus

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1 - Devprasad Patel S/o Kuruso Patel Aged About 42 Years R/o Village Dhurupali, Tehsil Pithora, District Mahasamund C.G.

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... Respondent(s)

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For Petitioner(s) : Mr. Shashwat Mishra, Advocate For Respondent(s) : Mr. Rishabh Agrawal, Advocate

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Hon’ble Shri Ravindra Kumar Agrawal, Judge Order on Board

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21.01.2026

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1. Heard.

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2. This is an application for grant of leave to file acquittal appeal.

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3. Learned counsel appearing for the petitioner would submit that the

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learned trial Court has convicted the respondent/ accused for the offence

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under Section 138 of Negotiable Instruments Act, 1881, however, in the appeal filed by the respondent/ accused before the learned 3^rd Addl. Sessions Judge, Balodabazar, he has been acquitted. The acquittal of respondent/ accused is perverse as the learned appellate Court has considered that the complainant as failed to prove the legally recoverable debt whereas there is statutory presumption in favour of the complainant, thereby, there are sufficient material on the record to grant leave to the appellant for acquittal appeal.

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4. On due consideration, the application for grant of leave is allowed and the applicant is granted leave to file acquittal appeal.

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5. Registry is directed to register the present Cr.MP as acquittal appeal and list it after two weeks.

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6. Mr. Rishabh Agrawal accepts notice on behalf of the respondent and prays for some time to argue the matter.

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7. List this case after two weeks.

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8. Registry is directed to publish the name of Mr. Rishabh Agrawal from the respondent side in the cause list.

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9. Accordingly, the present Cr.M.P. is allowed.