Sadan Kumar Banerjee vs Vaidehi Management And Services Pvt. ...
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Sadan Kumar Banerjee vs Vaidehi Management And Services Pvt. ... on 9 March, 2026

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       HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRMP No. 1498 of 2024
SADAN KUMAR BANERJEE versus VAIDEHI MANAGEMENT AND SERVICES
                          PVT. LTD.

                    CRMP/1470/2024,CRMP/1489/2024

                                Order Sheet


09/03/2026         Shri Vivek Kumar Shrivastava, Advocate for the peti-
             tioner.
                   Shri JK Gupta, Advocate for respondent No.4 in

CRMP No.1489 of 2024.

CrMP Nos. 1470/2024 and 1489/2024.

Heard on IA Nos. 01/2024 in CRMP Nos.1470 & 1489 of 2024 which are applications for condonation of de- lay in filing the petitions.

Learned counsel for petitioners would submit that the respondents/accused persons have been acquitted by the trial court vide order dated 02.09.2023 on the ground of compromise arrived at between the parties, however, the terms and conditions of the compromise have not been complied with by the respondents and their cheques given under the terms of compromise have again been dishon- ored and therefore these CrMPs have been filed challeng-

ing the order dated 02.09.2023 along with application for grant of leave to file Acquittal Appeal which are delayed by 160 days.

He would also submit that in CrMP No.1498 of 2024 the delay has been condoned by the coordinate Bench of this court vide order dated 03.09.2024.

On due consideration, IA No.01/2024 in CrMP Nos. 1470 and 1489 of 2024, are allowed and delay is accord- ingly condoned.

All these CrMPs have been filed for grant of leave to file acquittal appeal under Section 378(4) of CrPC.

Leaned counsel for the petitioners would submit that the petitioner was prosecuting Criminal Complaint Case un- der Section 138 of Negotiable Instruments Act before the trial court which were registered as Criminal Case Nos. 850 of 2014, 1144 of 2014 and 1143 of 2014 in which there were compromise arrived at between the parties on 02.09.2023 and based on compromise the respondent/ac- cused persons were acquitted from the alleged offence.

In pursuance of the conditions of the compromise, the respondents/accused persons issued certain cheques to discharge their liability under the compromise, but the said cheques were again dishonored by the payee bank and then the applicants challenged the order dated 02.09.2023 whereby the respondents/accused persons have been acquitted.

On due consideration, the applications for grant of leave to file Acquittal Appeal in all the three petitions are

allowed. Leave to appeal is granted to the petitioners.

The Registry is directed to register these CrMPs as regular Acquittal Appeal and all the appeals be listed in the next week.

CrMP Nos.1498, 1470 and 1489 of 2024 are dis- posed of.

Sd/-

(Ravindra Kumar Agrawal) Judge

inder