Narendra Arya vs Vijay Varnasiya
2024 Latest Caselaw 5990 MP

Madhya Pradesh High Court

Narendra Arya vs Vijay Varnasiya on 27 February, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 27 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 28676 of 2019

                          BETWEEN:-
                          NARENDRA ARYA S/O RADHESHYAM ARYA, AGED
                          ABOUT    26   YEARS, OCCUPATION: AGRICULTURE
                          VILLAGE KAJI PALASIA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI ANENDRA SINGH PARIHAR- ADVOCATE)

                          AND
                          VIJAY VARNASIYA S/O KESHAV VARNASIYA, AGED
                          ABOUT 45 YEARS, OCCUPATION: PROPRIETOR OF
                          MEHUL TRADERS VILLAGE KHUDEL BUJURG
                          (MADHYA PRADESH)

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

                                T h i s appeal coming on hearing this day, t h e cou rt passed the
                          following:
                                                             ORDER

This petition has been filed under Section 378(4) of Cr.P.C. on behalf of the State against the order of acquittal of respondent from the charges under Section 138 of N.I. Act.

Heard on I.A No.5799/20149, an application for condonation of delay. The delay of 11 days is condoned. Since, this leave to appeal is filed against the reversal order of the appellate Court whereas the trial Court has convicted the respondent.

After hearing counsel for the petitioner as well as in view of the impugned

judgment, the appeal seems to be arguable. Hence, leave to the appeal is granted.

Bailable warrant of arrest for a sum of Rs.25000/- be issued against the respondent for securing his presence before this Court on a date to be fixed by the registry in this regard.

Office is directed to register the MCRC as Criminal Appeal and list for admission accordingly.

With the aforesaid, this MCRC stands disposed of.

(PREM NARAYAN SINGH) JUDGE akanksha