Citation : 2025 Latest Caselaw 4546 Chatt
Judgement Date : 18 September, 2025
1
2025:CGHC:48036
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 302 of 2022
Chhattisgarh Agency Through Proprietor Gulab Gupta, S/o Shri G.S. Gupta, Aged
About 45 Years, R/o Golbazar, Police Station City Kotwali, District- Bilaspur,
Chhattisgarh.
... Petitioner
versus
1 - Samrat Enterprises Through Vivek Deshpandey, Ashirwaad Bhawan, Sai Mandir
Road Near Gole Chowk, Rohinipuram, Police Station- D.D. Nagar, Raipur, District-
Raipur, Chhattisgarh.
2 - Vivek Deshpandey Through Propritetor, Samrat Enterprises, Ashirwaad Bhawan,
Sai Mandir Road, Near Gole Chowk, Rohinipuram, Police Station, D.D. Nagar,
Raipur, District- Raipur, Chhattisgarh.
... Respondents
For Petitioner : Shri Aman Kesharwani, Advocate.
NARESH by NARESH
SB: Hon'ble Shri Justice Sanjay S. Agrawal KUMAR KUMAR KAMDE KAMDE Date:
2025.09.19 10:38:58 +0530
Order on Board 18/09/2025
1) During the pendency of this petition, the petitioner has prayed for withdrawal of this petition with liberty to question the legality and propriety of the impugned order dated 23/03/2021 passed by the Judicial Magistrate First Class, Bilaspur (C.G.) in Complaint Case No.805/2015, before the learned Sessions Court under Section 372 of Cr.P.C., in view of 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.
2) 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 30 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.
3) Registry shall return the certified copy of the impugned order 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.
4) Accordingly, the petition is disposed of.
Sd/-
(Sanjay S. Agrawal) JUDGE
Kamde
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