Jaysingh Yadav vs Abdul Jabbar
2022 Latest Caselaw 9063 MP

                                                                                                  1
                                                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                                                          AT INDORE
                                                                                               BEFORE
                                                                            HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                                        ON THE 7th OF JULY, 2022

                                                                              MISC. CRIMINAL CASE No. 29960 of 2022

                                                                      Between:-
                                                                      JAYSINGH YADAV S/O SHRI RAMSINGH YADAV,
                                                                      AGED ABOUT 38 YEARS,
                                                                      OCCUPATION: LABOUR
                                                                      R/O. 40, LAXMINAGAR,
                                                                      RATNESHWAR ROAD,
                                                                      RATLAM (MADHYA PRADESH)

                                                                                                                             .....PETITIONER
                                                                      (SHRI R. B. SINGH, LEARNED COUNSEL FOR THE PETITIONER)

                                                                      AND

                                                                      ABDUL JABBAR S/O ABDUL SATTAR,
                                                                      AGED ABOUT 26 YEARS,
                                                                      R/O. 10, MOMINPURA, HAT ROAD,
                                                                      RATLAM AND
                                                                      HAL MUKAM- M.NO. 39,
                                                                      BALAJI TOWNSHIP, HAT KI CHOWKI,
                                                                      PETROL PUMP KE PAS,
                                                                      DIST.: RATLAM (MADHYA PRADESH)

                                                                                                                          .....RESPONDENTS
                                                                      ( )

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

Petitioner Jaysingh Yadav has preferred this petition under Section 378 of Cr.P.C. for granting leave to appeal against judgment of acquittal of the respondent dated 03.06.2022 passed by Chief Judicial Magistrate, District Ratlam, in SCNIA 1400505/2015, for offence under Section 138 of the SUMATHI JAGADEESAN Negotiable Instruments Act, 1881. Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae556251c6a1b1f ca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF2469FAAFF13E836178C3C81533 BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.07.07 18:25:21 +05'30'

2. In view of the judgment of the Hon'ble Supreme Court passed in Mallikarjun Kodagali vs. State of Karnataka, reported in 2018 SCC Online SC 1941, and as per proviso to Section 372 of Cr.P.C introduced with effect from 31.12.2009, the victim is not required to file petition for granting leave to appeal. He/she can directly prefer an appeal. Therefore, this miscellaneous petition is not maintainable.

3. Having regard to the aforesaid dictum of the Hon'ble Supreme Court as well as the proviso to Section 372 Cr.P.C., the petitioner is permitted to withdraw this petition with liberty to file criminal appeal in accordance with the law.

4. Certified copies of documents filed by the petitioner with the petition be returned back to him on substitution of self attested copies of those documents.

5. With the aforesaid, the present petition stands disposed of.

6. I.A., if any, pending in this petition stands closed.

(RAJENDRA KUMAR (VERMA)) JUDGE sumathi

SUMAT Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL,

HI postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9 ce6df4c49ae556251c6a1b1fca11a86643

JAGADE b2a2, pseudonym=BEF252392AFC4F748B6F8C 1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF246 9FAAFF13E836178C3C81533BF4D0F864

ESAN 1FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.07.07 18:25:36 +05'30'