Gopal Chaukse vs Ramesh Yadav
2023 Latest Caselaw 12256 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                               ON THE 1 st OF AUGUST, 2023
                                        MISC. CRIMINAL CASE No. 37045 of 2022

                          BETWEEN:-
                          GOPAL CHAUKSE S/O SHRI RAMDHELAL CHAUKSE,
                          AGED 57 YEARS, R/O NEAR AIYYAPPA TEMPLE, VIDHYA
                          VIHAR COLONY, AHMADPUR ROAD VIDISHA, POLICE
                          STATION CITY KOTWALI, VIDISHA DISTRICT VIDISHA
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI SANJAY KUMAR MISHRA - ADVOCATE)

                          AND
                          RAMESH YADAV S/O SHRI SARVAN @ SANMAN YADAV,
                          AGE 57 YEARS, OCCUPATION: CONSTABLE, MP POLICE
                          GRP THANA ITARSI DISTRICT HOSHANGABAD, R/O
                          R.M.P. NAGAR 2, TEELAKHEDI COLONY ROAD, THANA
                          CIVIL LINE VIDISHA DISTRICT VIDISHA (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI SANJAY SINGH - ADVOCATE)

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

                          following:
                                                             ORDER

This application under section 378(4) of the Cr.P.C. seeking leave of the Court to file criminal appeal is directed against the impugned judgment of acquittal dated 7.6.2022 passed in Criminal Case No.241/2015. The trial Court has acquitted the respondent from the charge for offences punishable under Section 138 of Negotiable Instruments Act.

2. Learned counsel for the petitioner, taking exception to the judgment of Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Aug-23 5:18:12 PM

acquittal, submits that the trial Court has not appreciated the evidence on record in right perspective and discredited the evidence of material witnesses, leading to acquittal of respondents/accused.

3. Having perused the judgment of acquittal and considering the submissions advanced, without expressing any opinion on merits of the case, prima facie` this application for leave to appeal deserves to be and is, accordingly, allowed.

4. Registry is directed to register the accompanying criminal appeal.

5. Heard on the question of admission.

6. The appeal is admitted for hearing.

7. Record of the trial Court has already been received.

8. List the criminal appeal for final argument in second week of September, 2023.

(SATYENDRA KUMAR SINGH) JUDGE (alok)

Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Aug-23 5:18:12 PM