Application for leave to appeal against acquittal in a cheque-dishonour complaint. The court found the appeal arguable, granted leave to file acquittal appeal, and directed registration of a regular acquittal appeal.
Leave to file acquittal appeal granted; Registry directed to register case as regular acquittal appeal.
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1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 628 of 2024
Neetu Sinha Versus Mukesh Sinha
| 09.04.2024 | Mr. Sandeep Yadav, learned counsel for the applicant. |
|---|---|
| R. Mandavi | This is an application under Section 378(4) of CrPC, for grant of leave to file acquittal appeal. Learned counsel for the applicant would submit that the applicant has filed a complaint case under Section 138 of the Negotiable Instrument Act, 1881 for dishonour of Cheque No.000096 amounting to Rs.7,20,000/- which was dishonoured by the payee Bank on the ground of insufficient amount in the account of respondent/accused. The learned Court has dismissed the complaint holding that the complainant has failed to prove the source of amount which was said to be have been given to the respondent/accused. He would further submit that in different occasions, the respondent/accused has taken a different stands in his defence and thereby the learned trial Court has erred in acquitting the accused by ignoring mandatory provisions and statutory presumption in favour of the complainant/applicant. Considering the submission made by the applicant, the appeal is being arguable on merit, the application under Section 378(4) of CrPC is allowed. Leave to file acquittal appeal is granted to the applicant and the Registry is directed to register the case as regular acquittal appeal. List Acquittal Appeal in the next week. The CRMP is disposed off. Sd/- (Ravindra Kumar Agrawal) Judge |
1 issue framed by the court
Whether leave under Section 378(4) CrPC should be granted to the complainant to file an acquittal appeal against dismissal of her cheque-dishonour complaint.
2 provisions across 2 enactments
Neetu Sinha
Mukesh Sinha
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
