Citation : 2025 Latest Caselaw 1601 Jhar
Judgement Date : 6 August, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Acq. App(SJ). No.09 of 2024
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Alok Ranjan ... Appellant
Versus
The State of Jharkhand & Another ... Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellant : Mr. Vijay Bahadur Singh, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl.P.P. For the OP 2 : Ms. Nanda Kumari, Advocate
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Order No:-05 Dated:-06-08-2025 I.A. No.1396 of 2023 Heard the parties.
Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to grant special leave to the appellant to present this appeal. The brief fact of the case is that the private respondent was the accused of complaint case no.2395 of 2013 of the Court of learned Judicial Magistrate-1st Class-VIII, Ranchi but was acquitted vide judgment dated 18.12.2023. It is next submitted that the appellant has very good ground to agitate in this appeal and unless the special leave is granted, the appellant will be highly prejudiced.
Learned Addl.P.P. appearing for the State and the learned counsel for the respondent no.2 has no serious objection.
Considering the facts of this appeal as the offence involved in this case is punishable under Section 138 of Negotiable Instrument Act and admittedly, the respondent no.2 has paid part of the amount for which cheque was issued by him, so, this Court is of the considered view that this is a fit case where the special leave is to be granted to the appellant to present this appeal. Accordingly, the prayer for grant of special leave as prayed for, is allowed.
This interlocutory application stands allowed, accordingly.
(Anil Kumar Choudhary, J.)
This appeal will be heard.
Admit.
Call for trial court records.
Ms. Nanda Kumari, Advocate receives service of notice on behalf of the respondent no.2.
List this appeal after receipt of the trial court records.
(Anil Kumar Choudhary, J.) Abhiraj/
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