Amod Prasad Nirala vs The State Of Jharkhand & Another
2025 Latest Caselaw 1183 Jhar

Jharkhand High Court

Amod Prasad Nirala vs The State Of Jharkhand & Another on 28 July, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Acq. Appeal (C) No.19 of 2024
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    Amod Prasad Nirala                 ...       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. Dilip Kr. Karmakar, Advocate For the Respondents : Mr. Vineet Kr. Vashistha, Spl.P.P. Mr. Anurag Kashyap, Advocate

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Order No:-11 Dated:-28-07-2025 I.A. No.1855 of 2024 Heard the parties.

Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to condone the delay of 119 days in filing this appeal. It is next submitted that the appellant was in acute monetary crisis due to loss in business but has somehow survived his family by doing daily wages labour. It is further submitted that the appellant has very good grounds to agitate in this appeal and unless the delay in filing this appeal is condoned, the appellant will be highly prejudiced.

Learned counsel for the respondents has no serious objection to the prayer of the appellant.

Considering the aforesaid facts, the prayer to condone the delay of 119 days in filing this appeal is allowed.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.)

Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer for grant of leave to appeal to prefer the instant appeal against the judgment dated 06.12.2019 passed by the learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No.173 of 2019 whereby and where under the learned Sessions Judge, East Singhbhum, Jamshedpur has set aside the judgment of conviction and order of sentence passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with C-1 Case No.2922 of 2015 by which the respondent No.2 was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and pay a fine of Rs.6,05,000/- as compensation to the complainant-appellant. It is further submitted that the appellant has very good ground to agitate in this appeal and unless the appellant is granted special leave to appeal against the said order passed by the learned Sessions Judge, the appellant will be highly prejudiced.

Considering the aforesaid facts, the appellant is accorded special leave to appeal for filing this appeal.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.)

This appeal will be heard.

Admit.

Call for Lower Court Records.

Mr. Anurag Kashyap, Advocate and his Associate files vakalatnama on behalf of the respondent No.2.

List this appeal under 'Hearing' after receipt of the Lower Court Records.

(Anil Kumar Choudhary, J.) Saroj/