Sanjay Tiwari vs Dharmendra Gupta
2024 Latest Caselaw 32 Chatt

Chattisgarh High Court

Sanjay Tiwari vs Dharmendra Gupta on 19 June, 2024

        Neutral Citation
        2024:CGHC:20418




                                                                             NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRMP No. 1225 of 2024
        Sanjay Tiwari Son Of Late Sudhakar Tiwari Aged About 38 Years Resident
        Of Maa Kanak Medical Stores, Link Road, Camp -2, Bhilai, Tahsil And
        District - Durg, Chhattisgarh. (Complainant)
                                                                    ---- Petitioner
                                        Versus
        Dharmendra Gupta Son Of Amar Prasad Gupta Resident Of Shop No. 529,
        B-Market Sector 06, Dharmendra Auto Akashganga, Supela, Bhilai, Tahsil
        And District - Durg, Chhattisgarh. (Accused)
                                                                 ---- Respondent

For Petitioner : Mrs. Neelam Singh, Advocate

Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

19/06/2024

1. Heard on admission.

2. Admit.

3. Default(s) as pointed out by the Registry stands dropped.

4. Heard on I.A. No. 01/2024, an application for condonation of delay in iling acquittal appeal.

5. Learned counsel for the petitioner contended that the learned Judicial Magistrate First Class Durg, District Durg (C.G.) has passed the impugned judgment and order dated 08.01.2024 in Criminal Complaint Case No. 10405/2015. He further submits that the petitioner was not aware about the proceeding of law and of iling acquittal appeal. When he approached his counsel then the counsel advised him to ile an acquittal appeal before this Hon'ble Court and thereafter, he applied for certiied copy of acquittal order and after receiving the same, the appellant has preferred acquittal appeal and hence he could not ile acquittal appeal within stipulated time.

6. On due consideration and for the reasons mentioned therein, I am inclined to allow I.A. No. 01/2024. hence, the delay of 37 days is hereby condoned in the interest of justice. Neutral Citation 2024:CGHC:20418

7. The present petition has been iled under Section 378(4) of Cr.P.C.

for grant of Special Leave to Appeal.

8. As prayed for by the learned counsel for the petitioner, leave is granted.

9. In view of the above, the present Cr.M.P. stands disposed of.

10. Registry is directed to list present Cr.M.P. as regular Acquittal Appeal.

11. After registration for regular appeal, issue notice to the respondent on payment of P.F., as per rules.

12. Notice be made returnable within 6 weeks

13. List this case after service of notice upon the respondent.

SD/-

(Arvind Kumar Verma) Judge Madhurima