Yogesh vs Shubham
2025 Latest Caselaw 8303 MP

Citation : 2025 Latest Caselaw 8303 MP
Judgement Date : 23 April, 2025

Madhya Pradesh High Court

Yogesh vs Shubham on 23 April, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:11092




                                                              1                          CRA-2632-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                            &
                                          HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                   ON THE 23rd OF APRIL, 2025
                                               CRIMINAL APPEAL No. 2632 of 2025
                                                          YOGESH
                                                           Versus
                                                    SHUBHAM AND OTHERS
                           Appearance:
                                   Shri Naresh Piplodiya - Advocate for the appellant.
                                   Shri Sudeep Bhargava - Additional Advocate General for the
                           respondent No.3.
                                   Shri Gaurav Singh Chouhan - Advocate for the respondents.

                                                            JUDGMENT

Per: Justice Gajendra Singh

This criminal appeal under the provision of Section 413 of the BNSS, 2023 is preferred submitting that in a case arising out of Crime No.371/2019 registered at Police Station, Nagada. The respondent No.1& 2

have been acquitted from the charges under Section 467, 468 and 471 of the IPC vide judgment dated 22.01.2025 passed in S.T. No.20/2020 by Additional Judge to the Court of First Additional Sessions Judge, Nagada.

2. Appellant claims that he is the victim in the case and lodged the complaint on which FIR was registered against the respondents. Appellant claims the head of Shubham Nari Shakti Mahila Kalyan Samiti found in the

NEUTRAL CITATION NO. 2025:MPHC-IND:11092

2 CRA-2632-2025 year 2018.

Heard and perused the record.

3. Respondent No.1 was tried under Section 420, 468 and 471 of the IPC and the charges against respondent No.2 was framed only under Section 420 of the IPC. After appreciating the evidence trial Court convicted the respondent No.1 under Section 420 of the IPC and respondent No.2 under Section 420 r/w Section 120B of the IPC and acquitted respondent No.1 from the charges under Section 468 & 471 of the IPC.

4. Respondent No.2 was not tried for the offence under Section 467, 468 and 471 of the IPC. Even respondent No.1 was not tried for charges under Section 467 of the IPC and acquittal of the respondent No.1 is on the

ground that dishonour of cheque for insufficient fund does not constitute the offence under Section 468 & 471 of the IPC and the execution of MOU Ex.P/8 has been admitted by both the parties and it does not fall within the category of forgery.

5. Accordingly, present appeal is preferred without the application of mind and have no ground to be admitted and it consume the valuable time of the Court. Hence, this criminal appeal is hereby rejected.

(VIVEK RUSIA) (GAJENDRA SINGH) JUDGE JUDGE akanksha