The High Court of Chhattisgarh, Bilaspur allowed an application under Section 378(4) CrPC permitting the petitioner to prefer an appeal against a judgment of acquittal under Section 138 NI Act passed by the Judicial Magistrate First Class, Rajnandgaon.
Application allowed; petitioner permitted to prefer appeal against impugned acquittal judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 106 of 2024
Smt. Chandan Sonchhatra W/o Girish Kumar Sonchhatra, Aged About 59 Years, Resident Of Sai Villa, Lake View, Baldeobagh, Tehsil And District Rajnandgaon (C.G.) Pin 491441
---- Petitioner Versus
Shri Sunny Jain S/o Late Ashok Jain , Aged About 35 Years, Address - (1) Hira Moti Lines, Tehsil And District Rajnandgaon (C.G.) Pin 491441, Address - (2) Proprietor Sunny Borewell, Old Bus Stand Road In Front Of Police Lines, Tehsil And District Rajnandgaon (C.G.) Pin 491441
| ---- Respondent | |
|---|---|
| 15/01/2024 | Mr. Pradeep Shrivastava, 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 06.11.2023 passed by Judicial Magistrate First Class, Rajnandgaon in Criminal Case No. 1514/2019, 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. 106 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. 106/2024, stands disposed of. | |
| Registry is directed to register a regular acquittal appeal and list the matter thereafter for consideration on admission. |
|
| alfiza | - Sd/- (Sanjay S. Agrawal) Judge |
1 issue framed by the court
Whether to allow the application seeking permission to prefer an appeal against the acquittal judgment.
2 provisions across 2 enactments
Smt. Chandan Sonchhatra
Shri Sunny Jain
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
