Chandram Rathor v. Mansukh Lal

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRMP No. 36 of 2017 Chandram Rathor S/o Late Jooglal, Aged About 76 Years R/o Juna Bilaspur, Police StationCity Kotwali, Bilaspur, District- Bilaspur Chhattisgarh. ----Petitioner

Versus

Mansukh Lal S/o Ghaniram Sahu, R/o Basant Vihar, S. E. C. L. Office, Police StationSarkanda, Bilaspur, District- Bilaspur Chhattisgarh. ----Respondent 11/01/2017 Shri Ram Kumar Tiwari, Advocate for the petitioner. The present petition under Section 482 CrPC has been preferred against the order of JMFC, Bilaspur, dated 20.10.2016 dismissing the complaint case under Section 138 of Negotiable Instrument Act for want of prosecution. The said dismissal of complaint case resulted into acquittal of the respondent and against which Acquittal Appeal under Section 378(3) and 378(4) CrPC would lie and not the present petition under Section 482 CrPC. Accordingly, the present petition is dismissed with liberty to the petitioner to file an appeal under Sections 378(3) and 378(4) CrPC.

On petitioner's furnishing authenticated certified photocopy of the impugned order, certified copy of the same be returned back to the petitioner.

Sd/- (P. Sam Koshy) JUDGE Inder