Karamyogi Bahuuddeshiy Swayatt ... vs Smt. Suneeta Bai
2023 Latest Caselaw 15059 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                            ON THE 12 th OF SEPTEMBER, 2023
                                         MISC. CRIMINAL CASE No. 11743 of 2016

                           BETWEEN:-
                           KARAMYOGI      BAHUUDDESHIY     SWAYATT  SAKH
                           SAHKARI     MARYADIT    THROUGH    PRABANDHAK
                           SHARAD BHAVSAR S/O SHRI GOURISHANKAR, AGED 53
                           YEARS, CASTE BHAVSAR, R/O KRISHANPURA WARD
                           NO. 24, GANJBASODA, VIDISHA (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI ROHIT JAIN - ADVOCATE)

                           AND
                           SMT. SUNEETABAI W/O SHRI LAKHAN SINGH, AGED
                           ABOUT 38 YEARS, R/O VIJAY NAGAR NIWAS KE SAMNE
                           DHARAMKATE KE PICHE GANJBASODA, DISTRICT
                           VIDISHA (MADHYA PRADESH)

                                                                                      .....RESPONDENT


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

This application under Section 378(4) of the CrPC seeking leave of the Court to file criminal appeal is directed against the impugned judgment of acquittal dated 12.08.2016 passed in Criminal Case No.542/2013. The Trial Court has acquitted the respondent from the charge for offences punishable under Section 138 of Negotiable Instruments Act.

Learned counsel for the petitioner, taking exception to the judgment of acquittal, submits that the Trial Court has not appreciated the evidence on Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 12-09-2023 05:40:56 PM

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.

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 her presence before this Court on a date to be fixed by the Office.

The appeal be listed accordingly.

(SATYENDRA KUMAR SINGH) JUDGE Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 12-09-2023 05:40:56 PM