Ashok Gupta vs Charanjeet Nagpal
2022 Latest Caselaw 9219 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                           CRA No. 4192 of 2022
                       (ASHOK GUPTA Vs CHARANJEET NAGPAL)

Dated : 09-07-2022
      Shri Ram Krishna Soni, learned counsel for the Appellant.

      Shri K.S. Tomar, Public Prosecutor for the respondent/State.

At the very outset, learned counsel for the appellant orally submits that this criminal appeal has been filed by mistake under section 372 of Cr.P.C, therefore, he has filed I.A.No. 9762/2022 under section 378 (4) & (5) of Cr.P.C. for leave to file an appeal, which may be allowed and I.A.No.

9762/2022 may be considered as Misc. Criminal Case under section 378 (4) of Cr.P.C.

In view of above, this Court is of the considered opinion that verbal prayer made by the appellant for conversion of I.A.No. 9762/2022 into an application under section 378 (4) of Cr.P.C. can be accepted in the light of judgment delivered by the Apex Court in the case of Joseph Stephen and Ors. vs. Santhanasamy and Ors. vide order dated 25/01/2022 passed in Criminal Appeal No. 90-93/2022.

Heard on I.A. No. 9762/2022, an application under section 378(4) & (5)

of the Code of Criminal Procedure, for leave to file an appeal against the judgment of acquittal dated 15/03/2022 passed by Judicial Magistrate First Class, Gwalior in case No. SC NIA / 6812015/2012 whereby, the respondent has been acquitted from the charges of offence punishable under section 138 of Negotiable Instruments Act.

Learned counsel for the applicant argued that despite sufficient evidence, the learned trial Court wrongly acquitted the respondent/accused. It is well

settled law that burden of proving defence lies on the accused, therefore, the impugned judgment is liable to be set aside and leave to file an appeal be granted.

Considering the submissions made by the counsel for the applicant, this Court is of the considered opinion that this is a fit case for grant of leave to file an appeal. Accordingly, I.A. No. 9762/202 is allowed. Applicant is granted leave to file an appeal against the judgment of acquittal dated 15/03/2022 passed by Judicial Magistrate First Class, Gwalior in case No. SC NIA / 6812015/2012.

Criminal Appeal is already registered as Cr.A. No. 4192/2022. Issue warrant of arrest bailable in the sum of Rs. 20,000/-(Rs. Twenty

Thousand Only) against the respondent to secure his presence before this Court on the next date of hearing.

The matter be listed for further orders on 22nd August, 2022.

(SUNITA YADAV) JUDGE

Durgekar

SANJAY Digitally signed by SANJAY NAMDEORAO DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA

NAMDEOR PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc277608c

AO e55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5A13 CA996C4169AB06, serialNumber=1190D1488DBA862FB108ED6626 2DC2DC2CB9D310D73128B3A6E7B046FCF2822

DURGEKAR 7, cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.07.11 17:57:10 -07'00'