Praveen Soni vs Jagjit Singh Mataru
2023 Latest Caselaw 7698 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                  ON THE 10 th OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 36891 of 2019

                           BETWEEN:-
                           PRAVEEN SONI S/O SHRI DEEPAK SONI, AGED ABOUT
                           38 YEARS, OCCUPATION: BUSINESS, R/O 188, STREET
                           NUMBER 3/7, SADAR BAZAR, JABALPUR (MADHYA
                           PRADESH).

                                                                                           .....APPLICANT
                           (BY SHRI ASHISH SINHA - ADVOCATE )

                           AND
                           JAGJIT SINGH MATARU, S/O SHRI ANTAR SINGH, AGED
                           ABOUT 38 YEARS, R/O 794, HATHITAL COLONY,
                           GUPTESHWAR WARD, JABALPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI GYAN PRAKASH TRIPATHI - ADVOCATE )

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

Applicant has filed this application u/s. 378(IV) of Cr.P.C. for grant of leave to appeal against the impugned judgment dated 06.08.2019 passed by Judicial Magistrate First Class, Jabalpur in Complaint Case No.1465/2016 acquitting the respondent of the offence u/s. 138 of Negotiable Instrument Act.

Learned counsel for the applicant submitted that the trial Court has mentioned in paragraph-14 of the judgment that no seal of the bank has been put on Ex.P/2. On the contrary there is seal of bank on back side of Ex.P/2.

After perusal of the record, I find a prima facie case in favour of the Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 11-05-2023 09:58:52

applicant.

Accordingly, this application is allowed. Leave to appeal is granted. Office is directed to register this case under the head of Criminal Appeal and also to issue bailable warrant in the sum of Rs.15,000/- for securing presence of respondent before the Registry of this Court on 6th July, 2023 and on such other dates as may be fixed by the Registry in that regard.

M.Cr.C. No.36891/2019 stands disposed of. Heard on admission.

Appeal is arguable, hence admitted for final hearing. List for final hearing in due course.

(PREM NARAYAN SINGH) JUDGE RC

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 11-05-2023 09:58:52