Shailendra Giri vs Mastan Singh Maran
2022 Latest Caselaw 9335 MP

                                                                     1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                 HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                             ON THE 11th OF JULY, 2022

                                                 MISC. CRIMINAL CASE No. 52625 of 2021

                                           Between:-
                                           SHAILENDRA GIRI S/O SHRI SHOBHA GIRI @
                                           BRINDAVAN GIRI, AGED ABOUT 35 YEARS,
                                           OCCUPATION: BUSINESS, R/O VILL. BHOJPUR
                                           TEH. GAUHARGANJ DIST. RAISEN (MADHYA
                                           PRADESH)

                                                                                                  .....APPLICANT
                                           (BY SHRI ATUL UPADHYAY, ADVOCATE)

                                           AND

                                           MASTAN     SINGH   MARAN    S/O   SHRI
                                           SHIVCHARAN MARAN, AGED ABOUT 52 YEARS,
                                           R/O VILL. NEELBAD POST NATHU BARKHEDA
                                           P.S. RATIBAD TEH. HUZUR DIST. BHOPAL
                                           (MADHYA PRADESH)

                                                                                              .....RESPONDENTS


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

Record has been received.

This application has been filed under Section 378(4) of Cr.P.C. for grant of leave to file appeal against the judgment dated 30.09.2021 passed by learned Judicial Magistrate First Class, Raisen Distt. Raisen in Case No.SC.NIA- 26/2018 whereby learned JMFC has rejected applicant's complaint and Signature Not Verified SAN acquitted the respondent from the charge punishable under section 138 of the

Digitally signed by NAVEEN KUMAR SARATHE Negotiable instruments Act.

Date: 2022.07.12 11:24:11 IST

On due consideration of the facts and circumstance of the case and the material available on record, 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, the application filed by the applicant u/S.378(4) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.

With the aforesaid, present M.Cr.C. is disposed of. Appeal filed as a consequence of this order, be registered and proceeded as per rules, as admitted.

On payment of requisite process fee, office is directed to issue bailable

warrant against the respondent in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Registry/Office of this Court on 22.08.2022 and on all other subsequent dates as may be fixed by the Office in this behalf.

List the matter for final hearing after four weeks.

(RAJEEV KUMAR DUBEY) JUDGE sarathe

Signature Not Verified SAN

Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.07.12 11:24:11 IST