Varun Construction v. Deepak Agarwal

HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 500 of 2015 Varun Construction, Behind Dattatrya Mandir, Bramhpuri, Raipur Chhattisgarh, Through Proprietor Prem Singhania S/o Shri Raghuveer Kuteer, R/O Behind Dattatrya Mandir, Bramhpuri, Police Station Purani Basti, Raipur, Distt. Raipur, Chhattisgarh. ---- Petitioner

Versus

Deepak Agarwal S/o Shri Vishwadayal Agarwal Aged About 47 Years, R/o Gurukripa Traders, Phool Chowk, Shivrinarayan, Police Station Shivrinarayan, District Janjgir, Chhattisgarh.

---- Respondent 07/08/2015 Shri Pragalbha Sharma on behalf of Shri Maneesh Sharma, counsel for the petitioner.

The present application has been filed under section 378 (4) of Cr.P.C. seeking for grant of leave to appeal.

Taking into consideration the facts and circumstances of the case particularly the fact that the Court below has not discussed and appreciated Section 118 of Negotiable Instrument Act while rejecting the claim of the petitioner, the present application is allowed. Leave as prayed for is granted.

Office is directed to register the case as a regular acquittal appeal.

The acquittal appeal is also heard on admission and is admitted.

Issue notice to the respondent on payment of process fee within seven days by both the modes. List this case on 26.10.2015.

Meanwhile, the records be also called for.

Sd/- P. Sam Koshy Judge Bhola