M/S Tirupati Enterprises vs Anant Saxena
2022 Latest Caselaw 13857 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                    ON THE 27th OF OCTOBER, 2022

                                          MISC. CRIMINAL CASE No. 13037 of 2020

                                   BETWEEN:-
                                   M/S   TIRUPATI  ENTERPRISES   THROUGH
                                   PROPRIETOR YOGESH S/O VIJAY KISHORE JI
                                   34, AGED ABOUT 40 YEARS, OCCUPATION
                                   BUSINESS R/O 34, MIG MUNI NAGAR, P.S.
                                   NEELGANGA, UJJAIN (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                   (MS. ASHI VAIDYA, LEARNED COUNSEL FOR THE PETITIONER)

                                   AND
                                   ANANT SAXENA S/O SURESH SAXENA, AGED
                                   ABOUT 50 YEARS, OCCUPATION: FABRICATION
                                   WORK SAINIK VIHAR        COLONY, GUNA
                                   (MADHYA PRADESH)

                                                                                           .....RESPONDENT

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

This application for grant of leave to appeal under Section 378(4) of

Cr.P.C., 1973 has been filed against the judgment dated 21.11.2019 passed by the learned Judicial Magistrate First Class, Ujjain in Criminal Complaint No.1456/2010 whereby the learned Magistrate has dismissed the complaint filed under Section 138 of the Negotiable Instruments Act.

O n due consideration of the impugned judgment and the submissions advanced by the learned counsel for the applicant, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed.

Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-10-2022 18:06:38

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 it as criminal appeal. Office is directed to issue bailable warrant in the sum of Rs.10,000/- against the respondent for his appearance before the Registry of this Court on 19.12.2022 and on all subsequent dates as may be fixed by the Registry in this behalf.

With the aforesaid, M.Cr.C.No.13037/2020 stands allowed and disposed off.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-10-2022 18:06:38