BIDHI CHAND Vs. ROHIT KUMAR

JUDGEMENT

(1.) The applicant/appellant has filed the instant appeal before this Court against the judgment dtd. 21/2/2025, passed by learned Judicial Magistrate First Class, Barsar, District Hamirpur, .P., (learned Trial Court) vide which the complaint filed by the appellant (complainant before learned Trial Court) was dismissed.

(2.) The Hon'ble Supreme Court held in M/s Celestium Financial Vs. A. Ganasekaran, etc. 2025 INSC 804, that the complainant in a complaint under Sec. 138 of the Negotiable Instruments Act (NI Act) has a right to file an appeal under the proviso to Sec. 372 of Cr.P.C. Hence, the applicant/appellant has filed the present application [Cr.MP No. 4426 of 2025] seeking permission to withdraw the present appeal with liberty to file the appeal before the learned Sessions Judge, Hamirpur (learned Appellate Court) and deduct the period spent in prosecuting the present appeal before this Court from the period of limitation.

(3.) Mr Mohit Thak r, learned counsel for the applicant, submitted that the present leave to appeal was filed based on the earlier interpretation of the law. Now the Hon'ble Supreme Court has clarified the law. Therefore, permission be granted to withdraw the appeal and file it before the learned Appellate Court, and the time spent before this Court be deducted from the period of limitation.