This order allows Crmp 30 of 2024 filed by the wife of the complainant to prefer an appeal against the acquittal order passed in Criminal Revision No. 35 of 2023, dismissing the case under Section 138 NI Act.
The application to permit an appeal against the impugned acquittal order is allowed.
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.
HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET
CRMP No. 30 of 2024
• Smt. Reena Mallick, Wife Of Shri Shyamal Mallick Aged About 52 Years R/o Shri Santosh Shri Durpa Road, Korba, District – Korba, Chhattisgarh. (Complainant)
---- Petitioner
Versus
• Rajat Agrawal, Son Of Shri Lokesh Agrawal Aged About 33 Years Lokesh Ferniture, Mallic Complex, Power House Road, District - Korba, Chhattisgarh. (Accused)
| ---- Respondent | |
|---|---|
| 08.01.2024 | Mr. Samsun Samuel Masih along with Mr. Shubham Dev Mallick, Counsel for the Petitioner. |
| Heard on an application filed under Section 378(4) of the Code of Civil Procedure, 1973 seeking to prefer an appeal against the order dated 29.11.2023 passed by First Additional Sessions Judge, Korba, District-Korba (C.G.) in Criminal Revision No. 35 of 2023, whereby the learned Court below while allowing the preliminary objection as raised by the Respondent, has acquitted him from the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. On due consideration of the grounds taken by the petitioner in the application, I am inclined to allow the same. |
| The application (Cr.M.P. No. 30 of 2024) is accordingly allowed and the petitioner is hereby permitted to prefer an appeal against the impugned order as passed by the Court below. Accordingly, Cr.M.P. No. 30 of 2024, stands disposed of. |
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|---|---|
| The Registry is directed to register a regular acquittal appeal and list this matter thereafter for admission in the week commencing 29th January, 2024. |
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| Alfiza | Sd/- (Sanjay S. Agrawal) JUDGE |
1 issue framed by the court
Whether to allow the application to prefer an appeal against the acquittal order.
1 provisions across 1 enactments
Smt. Reena Mallick
Rajat Agrawal
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
