Dilip Kumar Ahuja vs The State Of Jharkhand & Others
2025 Latest Caselaw 6766 Jhar

Jharkhand High Court

Dilip Kumar Ahuja vs The State Of Jharkhand & Others on 10 November, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Acq. App. (C). No.19 of 2023
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    Dilip Kumar Ahuja                         ...    Appellant
                               Versus
    The State of Jharkhand & Others           ...  Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Vikash Kumar, Advocate For the State : Mr. Arup Kr. Dey, Addl.P.P.

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Order No:-07 Dated:-10-11-2025 I.A. No.6000 of 2024 Heard the parties.

Though, notice has been validly served upon the respondent no.2 & 3, but no one turns up on behalf of the respondent no.2 & 3 in spite of repeated calls.

Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to grant special leave for preferring an appeal against the impugned judgement dated 29.08.2023 passed by the learned Sessions Judge, East Singhbhum Jamshedpur in Criminal Appeal No.118 of 2023.

The brief facts of the case is that the petitioner is the complainant of complaint case no.3353 of 2019 of the Court of learned Judicial Magistrate, 1st Class, Jamshedpur and vide judgment dated 13.09.2022, the petitioner was convicted for having committed the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one month and also to pay compensation of Rs.6 lakhs with fine of Rs.10,000/-.

The respondent no.2 and 3 preferred Criminal Appeal No.118 of 2023 against the said judgment before the learned Sessions Judge, East Singhbhum at Jamshedpur and the learned Sessions Judge, East Singhbhum at Jamshedpur erroneously set aside the judgment of conviction and allowed the appeal. 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.

Considering the facts of this case, leave is granted to the appellant to present and pursue this appeal. Accordingly, the prayer for grant of special leave of the appellant, is allowed.

This interlocutory application stands allowed, accordingly.

(Anil Kumar Choudhary, J.)

This appeal will be heard.

Admit.

Call for trial court records.

Issue notice to the Respondent No.2 & 3.

The appellant is directed to file requisites for service of notice upon the Respondent No.2 & 3 by speed post as well as under process of the court within two weeks failing which; this case shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. In case the requisites are filed, list this case after receipt of the service report of the notice issued to the Respondent No.2 & 3.

(Anil Kumar Choudhary, J.) 10/11/2025 Abhiraj/