Krishna Sakh Sahkarita Maryadit ... vs Anoop
2022 Latest Caselaw 16809 MP

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 19 th OF DECEMBER, 2022
                                         MISC. CRIMINAL CASE No. 33755 of 2022

                           BETWEEN:-
                           KRISHNA SAKH SAHKARITA MARYADIT MANDSAUR
                           THROUGH MANAGER NEHA W/O SUMIT MITTAL, AGED
                           ABOUT 34 YEARS, R/O SATYAM VIHAR BEHIND AMBA
                           PALACE, MANDSAUR, DISTRICT MANDSAUR (MADHYA
                           PRADESH)

                                                                                       .....PETITIONER
                           (SHRI VIRENDRA THAKUR, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           ANOOP S/O RAKESH MAHESHWARI, AGED ABOUT 37
                           YEARS,   R/O GANAPATI MARG NEAR SITLAMATA
                           MANDIR MANDSAUR, DISTRICT MANDSAUR (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENT
                           ( NONE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                             ORDER

Heard on the question of admission.

This application has been filed under Section 378(4) of Cr.P.C., read with Section 482 of Cr.P.C. for grant of leave to file appeal against the judgment dated 13.06.2022, passed by the Court of Judicial Magistrate, Mandsaur in Criminal Appeal No.54/2022, whereby order dated 21/03/2022, passed by the Court of Judicial Magistrate First Class, Mandsaur in Special Case No.SCNIA No.1402155/2015 allowing applicant's criminal complaint Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 12:03:22

filed under Section 138 of Negotiable Instruments Act was set aside.

Learned counsel for the applicant submits that vide judgment Court dated 21/03/2022, passed by the learned trial Court, complaint was filed by the competent authority but no authority letter was shown by him. He further submits that the learned Sessions Judge Mandsaur is contrary to the facts and circumstances of the case. The learned appellate Court has passed the judgment of acquittal of respondent only on the basis of presumption and conjectures. There is no pleading of evidence that no documentary or oral evidence has been adduced by the applicant regarding loan taken from them said Society. It is also submitted that only photocopy as secondary evidence was produced. The

learned trial Court vide impugned judgment has held that the disputed cheque was not produced in original, further cheque is seemed to be drawn for a higher amount and the complainant has failed to prove that he gave loan to the respondent.

On due consideration of the impugned judgment and reasoning assigned by the learned trial Court, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed, meaning thereby, the matter has to be admitted for final hearing. Accordingly, application filed by the applicant under Section 378(4) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.

Office is directed to register the same as criminal appeal. Appeal filed as a consequence of this order be registered and proceeded as per rules, as admitted.

Let a bailable warrant inn the sum of Rs.5,000/- be issued against the non-applicant for his appearance before the Registry of this Court on 24/01/2023.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 12:03:22

With the aforesaid, the M.Cr.C. is allowed and is accordingly, disposed off.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 12:03:22