The High Court of Chhattisgarh allowed a Cr.M.P. under Section 378(4) CrPC, permitting the petitioner to file a special appeal against the respondent's acquittal on charges under Section 138 NI Act, 1981.
Application allowed; petitioner permitted to prefer appeal against acquittal judgment.
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HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet
CRMP No. 102 of 2024
Rakesh Sonkar S/o Shri Rama Sonkar Aged About 35 Years Resident Of Purani Basti, Raipur, District : Raipur, Chhattisgarh
---- Petitioner
Versus
Ramanand Patel S/o Shri Ratelram Patel Aged About 48 Years, R/o VillageJhith, Tahsil- Patan, District : Durg, Chhattisgarh
---- Respondent
| 15/01/2024 | Mr. Hemant Kumar Sahu, Counsel for the Petitioner. |
|---|---|
| Heard on an application filed under Section 378(4) of the Code of Criminal Procedure, 1973 seeking to prefer an appeal against the judgment dated 09.11.2023 passed by Judicial Magistrate First Class, Raipur in Criminal Case No. 2466/2016, whereby the respondent has been acquitted from the offence punishable under Section 138 of Negotiable Instruments Act, 1981. On due consideration of averment made in the application, I am inclined to allow this application. This application (Cr.M.P. 102 of 2024) is, accordingly, allowed and petitioner is hereby permitted to prefer an appeal against the impugned judgment as passed by the Court below. |
Accordingly, Cr.M.P. No. 102/2024, stands disposed of. Registry is directed to register a regular acquittal appeal and list the matter thereafter for consideration on admission. -Sd/- alfiza (Sanjay S. Agrawal ) Judge
1 issue framed by the court
Whether to allow the petitioner's application under Section 378(4) CrPC to prefer a special appeal against the acquittal judgment.
2 provisions across 2 enactments
Rakesh Sonkar
Ramanand Patel
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
