Mukesh vs Sanjay Kumar
2023 Latest Caselaw 2778 MP

                                                                                1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                         CRA No. 9598 of 2022
                                                                         (MUKESH Vs SANJAY KUMAR)

                                            Dated : 15-02-2023
                                                  Shri Anshul Shrivastava - Advocate for appellant.


                                                  Heard on I.A. No.13858/2022 which is an application for grant of leave
                                            to appeal.
                                                  Counsel for the appellant submits that the accused persons has been
                                            acquitted for offence under Section 138 of the Negotiable Instruments Act only

                                            on the ground that the complaint was filed prior to expiration of the notice. He
                                            has drawn the attention of this Court to para - 18 of the impugned order. He
                                            further submits that on the said ground, the complaint could not have been
                                            dismissed and the accused persons could not have been acquitted. In support
                                            of his submission, he has placed reliance on the judgment passed by the
                                            Supreme Court in the case of Narsingh Das Tapadia v. Goverdhan Das
                                            Partani & Anr. (2000) 7 SCC 183 which has been relied by Andhra Pradesh
                                            High Court in its judgment in the case of L.K. Prabhavathi vs. K.V. Sree Rama
                                            Murthy & Anr., 2008 (1) KLJ 66.

                                                  In view of the aforesaid, I.A. is allowed.
                                                  Leave to appeal is granted.
                                                  Appeal is also admitted for final hearing.
                                                  Let bailable warrant be issued to the respondent of Rs.50,000/- for a date

to be fixed by the Office.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI

(VIJAY KUMAR SHUKLA) Date: 2023.02.15 17:55:12 IST

JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.02.15 17:55:12 IST