Rajesh Sharma vs Gopal Traders
2025 Latest Caselaw 1800 Chatt

Chattisgarh High Court

Rajesh Sharma vs Gopal Traders on 6 February, 2025

Author: Narendra Kumar Vyas

Bench: Narendra Kumar Vyas

                                                              1




                                                                              2025:CGHC:6788


                                                                                              NAFR
                                   HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  CRMP No. 2765 of 2024

                      1 - Rajesh Sharma S/o Ramavtar Sharma Aged About 47 Years R/o Village
                      Chandnu Presently At Bemetara, Tehsil And District - Bemetara (C.G.)
                                                                                  ... Petitioner(s)
                                                       versus
                      1 - Gopal Traders Proprietor - Gopal Sahu S/o Vishnu Sahu R/o Village
                      Mungeli Post Chandnu Tehsil And District - Bemetara (C.G.)
                                                                                  ... Respondent

For Petitioner : Mr. Lavkush Kumar Sahu, Advocate.

For Respondent : Mr. Arvind Prasad, Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 06.02.2025

1. Heard on application for condonation of delay in filing the appeal.

2. Learned counsel for the appellant would submit that the earlier counsel

has not provided certified copy of the order which has caused 359 days

delay in filing the appeal and would pray for condoning the delay in

filing the appeal.

3. On the other hand, learned counsel for the respondent would submit

that from perusal of the application, it is clear that no justifiable reason

has been assigned by the appellant for condoning the delay, therefore,

the appeal may kindly be dismissed on the count of delay and laches.

4. On due consideration and for the reasons mentioned in the application,

the delay in filing the appeal is hereby condoned.

ARUN KUMAR DEWANGAN

5. This Cr.M.P. has been preferred under Section 419 (4) of the Bharatiya

Nagarik Suraksha Sanhita, 2023 for grant of leave to appeal.

6. Heard on admission.

7. The petition being arguable is admitted for hearing.

8. I have heard learned counsel for the petitioner and perused the

judgment passed by the trial Court as well as related documents.

9. On due consideration, leave as prayed for by the counsel for the

petitioner, is granted.

10. Registry is directed to register the present Cr.M.P. under the head of

"Acquittal Appeal".

11. Since the respondent has already entered appearance, therefore, no

notice is required to be sent to him.

12. In view of the above, the present Cr.M.P. stands disposed of.

13. List the acquittal appeal on 29th April, 2025 for final disposal in motion

hearing list.

Sd/-

(Narendra Kumar Vyas) Judge

Arun