Gopi Sahu vs Maheshwar Sinha
2023 Latest Caselaw 389 Chatt

                                                                NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                     Cr.M.P. No.1113 of 2022
Gopi Sahu S/o Tulsi Ram Sahu, Aged About 30 Years R/o
Chokhadiya Para Besides Sindhi Dharam Sala Tahsil And District
Rajnandgaon, Chhattisgarh.

                                                       ---- Petitioner

                               Versus

Maheshwar Sinha S/o Pitambar Sinha Aged About 40 Years R/o
Nahada Tahsil Devri Bangla District Balod Chhattisgarh. Present
Address- Tajinder Singh 57A Sundar Nagar Near Krishna Public
School office Pal Motor South Gangotri GI Road Supela Chowk Bhilai
District Durg, Chhattisgarh.

                                                     ---- Respondent

For Petitioner : Mr. Aditya Bhardwaj, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel

Order On Board

18/01/2023 Heard on admission.

1. This is an application for grant of leave to appeal under Section

378(4) of the Code of Criminal Procedure, 1973.

2. Learned Counsel appearing for the Petitioner seeks permission

for grant of leave to appeal being aggrieved by the judgment of

acquittal dated 13.05.2022 passed by the learned Judicial

Magistrate First Class, Rajnandgaon (C.G.) in Complaint Case

No.2017/2016. Whereby the learned JMFC, Rajnandgaon had

acquitted the Respondent/accused from the offence punishable under Sections 138 of the Negotiable Instrument Act.

3. I have heard learned Counsel appearing for the Petitioner,

perused the impugned judgment and other material adduced

by the Petitioner/complainant before the learned JMFC,

Rajnandgaon (C.G.).

4. The Cr.M.P. being arguable, is admitted for hearing.

5. On due consideration, the application is allowed and leave is

granted. Registry is directed to register the present Cr.M.P. as

Acquittal Appeal.

6. Issue notice to the respondent/accused on payment of process

fee as per rules. Call for record of the Court below and list the

appeal week after next.

7. Accordingly, the Cr.M.P. stands disposed of.

Sd/-

(Arvind Singh Chandel) Judge Shubham