Vipin Sapariya v. Lainudas Dhrithlare

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 243 of 2017 • Vipin Sapariya S/o Chironji Lal Sapariya, Aged About 45 Years Occupation Business R/o Ward No. 7, Lormi, Police Station And Tahsil Lormi, District Mungeli Chhattisgarh ---- Petitioner

Versus

• Lainudas Dhrithlare S/o Vishalidas, Aged About 55 Years Occupation Agriculturist, R/o Ghatapani, Post Office Fulwari, Police Station And Tahsil Lormi District Mungeli Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------------------- For the Petitioner : Shri Arun Kochar, Advocate.

For the respondent : None for respondent.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 22/02/2017 1.

Heard on application for grant of leave to appeal under Section 378(4) of the Code of Criminal Procedure.

2.

It is submitted that the appellant filed a complaint against respondent under Section 138 of Negotiable Instruments Act, cognizance was taken on complaint the chaque issued by respondent in favour of appellant was dishonored by the bank which was the cause of action for this complaint. 3.

After conducting the trial, Court below has acquitted the respondent from charge.

4.

On due consideration, the application is allowed and leave to appeal as prayed for is granted.

5.

Registry is directed to register regular acquittal appeal. 6.

After registration of the regular acquittal appeal, issue notice to the respondent, on payment of process fee, as per rules. 7.

Notices be made returnable within 6 weeks.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha