Avinash Mishra vs Parmanand Yadav
2022 Latest Caselaw 1476 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRMP No. 1426 of 2020

         • Avinash Mishra S/o Shri Rajesh Mishra Aged About 32 Years R/o House No.
           277- 278, Smriti Nagar, Bhilai, Chowki Smriti Nagar, Police Station Supela,
           Tahsil & District Durg Chhattisgarh.                       ---- Petitioner

                                             Versus

         • Parmanand Yadav S/o Shri Ramchij Chaudhary Aged About 56 Years R/o
           26/07, Radhika Nagar, Bhilai, Police Station Supela, Tahsil & District Durg
           Chhattisgarh.                                            ---- Respondent

For Petitioner : Mr. Roop R. Naik, Advocate.

For Respondent : None.

Hon'ble Shri Justice Arvind Singh Chandel Order on Board 22/03/2022

1. Heard on admission.

2. Also heard on applications praying for grant of special leave to file acquittal appeal under Section 378(4) of the Cr.P.C. against the judgment dated 28.12.2019 passed by the Judicial Magistrate First Class, Durg (C.G.) in R.C.C. No. 30275/2013, whereby the JMFC, Durg acquitted the respondent from the charges of offence punishable under Section 138 of the Negotiable Instruments Act.

3. Perused the judgment of the trial Court also gone through the statements of witnesses and other material available on record. On due consideration, it appears that it is a case where the leave should be granted for submission of acquittal appeal.

4. Accordingly, the leave is granted to the petitioner to file acquittal appeal against the impugned judgment.

5. Consequently, this CRMP is stands disposed of.

6. Registry is directed to register this CRMP as Acquittal Appeal and list the same for hearing on admission along with ACQA No. 64/2020

Sd/-

(Arvind Singh Chandel) Judge Vasant