Himmat Singh Juneja vs Devendra Singh Khanuja
2022 Latest Caselaw 9320 MP

                                                                                1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                         ON THE 11th OF JULY, 2022

                                                           MISC. CRIMINAL CASE No. 14156 of 2021

                                                    Between:-
                                                    HIMMAT SINGH JUNEJA S/O JASWANT SINGH
                                                    JUNEJA, AGED ABOUT 66 YEARS, OCCUPATION:
                                                    BUSINESS CURRENTLY ADD. A/5, FLAT NO. 904,
                                                    AWASA RESIDENCY A.B. ROAD, RAJENDRA
                                                    NAGAR OLD ADDRESS: 10/2, PALSIKAR
                                                    COLONY, INDORE (MADHYA PRADESH)

                                                                                                          .....PETITIONER
                                                    (BY SHRI GAURAV CHHABRA, ADVOCATE)

                                                    AND

                                                    DEVENDRA SINGH KHANUJA S/O GYAN SINGH
                                                    KHANUJA,   AGED   ABOUT    71  YEARS,
                                                    OCCUPATION: BUSINESS R/O 35B, PREM
                                                    NAGAR (MADHYA PRADESH)

                                                                                                         .....RESPONDENT
                                                    (NONE FOR THE RESPONDENT)

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

Petitioner Himmat Singh Juneja has preferred this petition under Section 378(4) of Cr.P.C. for granting leave to appeal against judgment of acquittal of the respondent dated 16.02.2021 delivered in Criminal Case No.9327051/2015 under Section 138 of the Negotiable Instruments Act, by the Judicial Magistrate First Class,Indore (M.P.).

Signature Not VerifiedDigitally signed by SAN REENA JOSEPH

2. In view of the judgment of the Hon'ble Supreme Court passed in Date: 2022.07.11 19:11:22 IST

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. It is quite clear that a victim as defined in Section 2(wa) of the Cr.P.C. would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction. The petitioner has directly preferred the appeal therefore the petition is not maintainable. 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 RJ

Signature Not Verified VerifiedDigitally Digitally signed by SAN REENA JOSEPH Date: 2022.07.11 19:11:22 IST