Smt. Sheela Gupta v. Narendra Giripunje

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 84/2017 Smt. Sheela Gupta -v- Narendra Giripunje 25-1-2017 Mr. Govind Dewangan, Adv. for applicant.

The applicant has preferred instant CRMP under Section 378 sub-section (4) of the Cr.P.C. for grant of special leave followed by acquittal appeal against the respondent as the judicial Magistrate First Class, Raipur while hearing in the Case No. 988/2013 vide judgment dated 15-11-2016 acquitted the respondent for the charges under Section 138 of the Negotiable Instruments Act. It is within its limitation.

Perused the judgment dated 15-112016.

On due consideration, it is a fit case where leave to appeal be granted.

Consequently instant CRMP is hereby allowed. Registry is directed to list the matter under the head of acquittal appeal.

The appellant is directed to pay the PF within 7 days from today. Let notice be issued to respondent through usual and RAD mode under Rule 167 and 172 of the High Court of Chhattisgarh Rules, 2007, returnable within 4

weeks along with copy of instant acquittal appeal and the documents annexed.

Record of the court below be requisitioned forthwith through usual and fax mode.

List the matter immediately after service to respondent is complete for hearing on admission.

It is made clear that if respondent in any way avoid service of notice, this Court may consider for issuance of warrant for the purpose of his appearance in the matter under the relevant provisions of Section 390 of the Cr.P.C.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak