Rameshchand Sharma vs Hemraj Dhakad
2023 Latest Caselaw 13698 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                       BEFORE
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                       ON THE 22ND OF AUGUST, 2023

       MISCELLANEOUS CRIMINAL CASE NO. 48420 of 2021

BETWEEN:-

RAMESHCHAND SHARMA S/O SHRI RAMPRAKASH
SHARMA, AGED 49 YEARS, OCCUPATION -
DOCTOR,   CHANDSHAHBALI   ROAD,  BUDHE
BALAJI, GUNA, TEHSIL AND DISTRICT GUNA
(MADHYA PRADESH)


                                                .....PETITIONER/COMPLAINANT

(BY SHRI ANURAJ SAXENA - ADVOCATE)

AND

HEMRAJ DHAKAD S/O SHRI SEETARAM, AGED 46
YEARS,   OCCUPATION    -  AGRICULTURIST,
SONKHARA, TEHSIL BAMORI & DISTRICT GUNA
(MADHYA PRADESH)

                                                    .....RESPONDENT/ACCUSED

(BY SHRI ADITYA SINGH GHURAIYA - ADVOCATE)

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       This petition 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 13.03.2020 passed in Criminal Case

No.425/2017. The Trial Court has acquitted the respondent/accused from the charge for offences punishable under Section 138 of NI Act.

Learned counsel for the petitioner, taking exception to the judgment of 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 respondent/accused.

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 and disposed of.

Registry is directed to register the accompanying criminal appeal and list this case for admission in due course.

                                                              (SATYENDRA KUMAR SINGH)
AK/-                                                                   JUDGE
   ANAND KUMAR
   2023.08.22 18:31:44 +05'30'