Dilip Agarwal vs Laxman Singh
2023 Latest Caselaw 10916 MP

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                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                  ON THE 14 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 4434 of 2017

                          BETWEEN:-
                          DILIP AGARWAL S/O SHRI LAXMINARYAN AGARWAL,
                          AGED ABOUT 34 YEARS, OCCUPATION: BUSINESSMEN
                          SADAR BAZAR GUNA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY MR. ANANT KUMAR BANSAL)

                          AND
                          LAXMAN   SINGH  S/O SHRI  KOMAL  SINGH
                          RAGHUWANSHI, AGED ABOUT 60 YEARS, VILL.
                          GHATAVDA POST BHADOR P.S ARON (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (NONE FOR THE RESPONDENT)

                                This application coming on for hearing 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 21.02.2017 passed in Criminal Case No.2249/2014. The trial Court has acquitted the respondent 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 Signature Not Verified Signed by: BARKHA SHARMA Signing time: 14-Jul-23 5:26:12 PM

to acquittal of respondents/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.

Registry is directed to register the accompanying criminal appeal. Heard on the question of admission. The appeal is admitted for hearing. Record of the trial Court has already been received. Let bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand

only) be issued against the respondent for securing his presence before this Court on a date to be fixed by the Office.

The appeal be listed accordingly.

(SATYENDRA KUMAR SINGH) JUDGE bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 14-Jul-23 5:26:12 PM