Rajesh Kumar Rathaur vs Mohamad Mustfa Ansari @ Pappu
2023 Latest Caselaw 475 Chatt

                                                                NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                     Cr.M.P. No.783 of 2020
Rajesh Kumar Rathaur, S/o D. B. Rathaur, aged about 27 years,
R/o Near Old Government Primary School, Bhadrapara, Balko,
Thana Balko, Tahsil / District - Korba, Chhattisgarh.

                                                       ---- Petitioner

                               Versus

Mohamad Mustfa Ansari @ Pappu, S/o Mohamad Idrish Ansari, aged
about 33 years, R/o Near Vishvkarma Temple, Kunaabhattha,
District Korba, Chhattisgarh.

                                                     ---- Respondent

For Petitioner : Mr. Samir Singh, Advocate. For Respondent : None, though notice served.

Hon'ble Shri Justice Arvind Singh Chandel

Order On Board

23/01/2023 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 28.02.2020 passed by the learned Chief

Judicial Magistrate, Korba (C.G.) in Criminal Complaint Case

No.1490/2016. Whereby the learned CJM, Korba had acquitted

the Respondent/accused from the offence punishable under Section 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 CJM,

Korba(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. Call for record of the Court below and list the appeal after three

weeks.

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

Sd/-

(Arvind Singh Chandel) Judge Shubham