Patna High CourtSLA/24/2016allowed

Priya Ranjan Kumar Singh v. Om Prakash Singh

2019-07-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.24 of 2016 Arising Out of PS. Case No.-651 Year-2007 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Priya Ranjan Kumar Singh, S/o Late Lalan Prasad Singh, Resident of Mohalla- Gaiwal Bigha Near Jagarnath Temple, P.S.-Rampur, District- Gaya. ... ... Appellant

Versus

1. Om Prakash Singh, S/o Anil Kumar Singh, Resident of Shanti Lodge, Police Line, P.S.- Rampur, District- Gaya.

2. The State of Bihar, ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Praveen Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 I.A. No. 1273 of 2016 has been filed under Section 5 of the Limitation Act on behalf of the appellant for condonation of delay of 36 days in filing of this petition.

The delay in filing of this appeal is condoned on the grounds mentioned in the Interlocutory Application itself.

Accordingly, the I.A. No. 1273 of 2016 stands disposed of.

Heard the learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of O.P. No.1.

Patna High Court SLA No.24 of 2016(7) dt.18-07-2019 2/2 This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment and order dated 14.03.2016 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 651 of 2007 / Tr. No. 440 of 2015 / 178 of 2016, Whereby and whereunder, he acquitted the respondent No.1 for the offence punishable under Section 138 of the N.I. Act.

Having heard the learned counsel appearing on behalf of the appellant and respondent No.1 and perused the impugned Judgment. The Special Leave to Appeal is granted to file the appeal against the impugned Judgment. The appeal must be filed within 30 days from today, failing which no appeal shall be entertained.

(Rajendra Kumar Mishra, J) manish/- U T