CRLA/715/2023
2023 Latest Caselaw 3133 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      13.10.2023                        SPLA No. 260 of 2023
                                        With
                                        CRLA No. 715 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Ajeet Kumar Yadav, Advocate, for the appellant.

Mr. B.C. Joshi, AGA, for the State.

The appellant herein has preferred this Criminal Appeal, being aggrieved as against the judgment dated 10.08.2023, as it has been rendered by the Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No. 2492 of 2018, Rakhvant Singh Vs. Naresh Bhatt, whereby the respondent No. 2, has been acquitted for his alleged involvement in commission of offence under Section 138 of the Negotiable Instruments Act.

The appellant has preferred this Appeal under Section 372 of CrPC. When the matter was taken up Yesterday, the coordinate Bench of this Court by an order dated 12.10.2023 has posed a question to the appellant to satisfy the Court as to how the Appeal would be maintainable under Section 372 of CrPC against acquittal order. Accordingly, the learned counsel for the appellant was called upon to answer the said query of the Court, as formulated yesterday.

Ultimately, the learned counsel for the appellant accedes to the fact that the Appeal under Section 372 of CrPC, would not be maintainable rather an Application for Leave to Appeal would be maintainable by invoking the provisions contained under Section 378(4) of CrPC.

Owing to the above, the Criminal Appeal is held to be not maintainable. But, having said so, this would be without deprivation of the right to the appellant to file an Appeal under Section 378(4) of CrPC, as per law, for the same cause of action.

The Registry of this Court is directed to return back the certified copy of the judgment to the learned counsel for the appellant, after substituting the same with a xerox copy.

(Sharad Kumar Sharma, J.) 13.10.2023 Mahinder/