Allowed¶21

Faneshwar Yadav v. Rajesh Jotwani

Chhattisgarh HC14 Jan 2026CRMP/728/2024

Case brief

AI extract

What is this about?

Leave to file acquittal appeal; dismissal for want of prosecution; Section 138 Negotiable Instruments Act; cheque dishonour of Rs. 3,30,000/-; Criminal Case (Negotiable Instrument Act) No. 607/2019; Judicial Magistrate First Class, Bilaspur; non-appearance due to transfer to Jagdalpur; delay of 543 days condoned; Supreme Court Criminal Appeal No. 5538/2025 / SLP (Crl.) No. 948/2025 order dated 17.12.2025 restoring CrMP; registration as acquittal appeal; listing in week commencing 27.01.2026; Faneshwar Yadav v. Rajesh Jotwani; counsel Ritesh Verma; single judge Ravindra Kumar Agrawal; order dated 15.01.2026.

What did the court decide?

Leave granted to the petitioner to file acquittal appeal against the dismissal for want of prosecution dated 29.06.2022; Registry to register the CrMP as an acquittal appeal and list it in the week commencing 27.01.2026.

Faneshwar Yadav Vs Rajesh Jotwani — Cheque Dishonour | Chhattisgarh HC (2026)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 728 of 2024

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1 - Faneshwar Yadav S/o Shri Balram Yadav Aged About 54 Years Resident Of Q. No. 104 Siddhshikhar Vistar Shanti Nagar, District- Bialspur Chhattisgarh.

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... Petitioner(s)

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versus

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1 - Rajesh Jotwani S/o Gyanchand Jotwani Aged About 53 Years Resident Of Near Hero Honda Showroom, Nutan Chowk, P.S. Sarkanda, District Bialspur Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Mr. Ritesh Verma, Advocate

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Hon’ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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15.01.2026

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1. This is an application for grant of leave to file acquittal appeal, as the complaint case filed by the petitioner under Section 138 of Negotiable Instruments Act, before the learned Judicial Magistrate, First Class, Bilaspur, has been dismissed for want of prosecution on 29.06.2022, which has been passed in Criminal Case (Negotiable Instrument Act) No. 607/2019.

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2. Learned counsel for the petitioner would submit that the petitioner was duly and diligently prosecuted his complaint case before the learned trial Court, however, due to his transfer at Jagdalpur, he had to join there and

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could not appeal on 29.06.2022 when the complaint case was fixed and he also could not instruct his counsel to appear in the case on that day and the same was dismissed for want of prosecution. When he came to know about the dismissal of his complaint case for want of prosecution on 29.06.2022, he filed an application for grant of leave to file appeal that is the present CrMP on 20.03.2024.

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3. Earlier, the present CrMP was came up for hearing on 16.08.2024 and it was dismissed on the ground of delay of 543 days by holding that the petitioner could not explain the proper reason for delay in filing the CrMP. The order dated 16.08.2024 was challenged by the petitioner before the Hon’ble Supreme Court in Criminal Appeal No. 5538/2025 (SLP (Crl.) No. 948/2025) which has been allowed vide order dated 17.12.2025 and the present CrMP is restored and the delay in preferring the present CrMP of 543 days is condoned. He would further submit that the matter pertains to dishonor of cheque of Rs. 3,30,000/- and there was sufficient reason for nonappearance of the petitioner before the learned trial Court who was the complainant in the case, on the date when the case was dismissed for want of prosecution, therefore, the impugned order may be set aside and the matter may be remitted to the learned trial Court for consideration of merits.

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4. On due consideration and for the reasons mentioned in the application, the same is allowed. The petitioner is granted leave to file acquittal appeal.

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5. Registry is directed to register the present CrMP as acquittal appeal and list this case in week commencing 27.01.2026.

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6. The present Cr.MP is allowed.

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Sd/-

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Sd/-

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(Ravindra Kumar Agrawal)

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Judge