Shambhu Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.60 of 2018 Arising Out of PS. Case No.-1563 Year-2008 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shambhu Prasad, son of Sri Kapil Deo Prasad, resident of Emarat Kohinoor Apartment, Flat No. T/9, Road No. 36, P.O. Anisabad, P.S. Gardanibagh, District- Patna ... Appellant

Versus

1.

State Of Bihar 2.

Sanjay Kumar, Son of Ramesh Prasad, resident of Flat No. G-10, Emarat Kohinoor Apartment, Road NO. 36, P.O. Anisabad, P.S. Gardanibagh, District- Patna at present residing at village- Arkdiyariay, P.S. Tekari, Distrct- Gaya ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Soni Shrivastava, Adv.

For the Respondents :

Mr. Abhay Kumar, APP 70 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 This application under Section 378(4) of the Code of Criminal Procedure has been filed seeking leave to appeal against the judgment, dated 13.10.2018, passed in Complaint Case No. 1563(c) of 2008 whereby and whereunder Additional Chief Judicial Magistrate-cum-Sub Judge, XV, Patna, has acquitted respondent no. 2, Sanjay Kumar, of the charges under Sections 406 of the Indian Penal Code and 138 of the Negotiable Instrument Act.

Having heard the learned counsel for the appellant and perusing the impugned judgment, leave is granted to the appellant to file the appeal against the aforesaid judgment. The appeal must be filed within thirty days from

Patna High Court SLA No.60 of 2018(4) dt.18-07-2019 2/2 today, failing which no appeal, against the aforesaid judgment, shall be entertained.

The Special Lave to Appeal is, accordingly, allowed. (Rajendra Kumar Mishra, J) Shamshad/- U T