Mohanlal Junghare v. T.C. Chandrakar

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 998 of 2014 • Mohanlal Junghare S/o D.G. Junghare Aged About 37 Years occupation-BSP Employee R/O 7/E, Street No. 31, Sector - 5, Bhilai Nagar, Ps Bhilai Nagar Kotwali, Teh. Civil And Rev. Distt. Durg Distt. Durg C.G.

---- Applicant/appellant

Versus

• T.C. Chandrakar S/o R.G. Chandrakar Aged About 53 Years occupation BSP employee R/O Quarter No. 39/D, Ruabandha Sector, Bhilai Nagar, Ps Bhilai Nagar Kotwali, Sector -6, Teh., Civil And Rev. Distt. Durg Bhilai Nagar, Durg C.G. Currently R/O At Shanti Kunj, Plot No. 98, Street 19/A, Pragati Nagar, Risali, Ps Newai Ps, Bhilai, Teh., Civil And Rev. Distt. Durg C.G. ---- Respondent 6-10-2015 Mr. Jaydeep Singh Yadav, Adv. for applicant/appellant.

Heard on Cr.M.P. for leave to appeal followed by acquittal appeal under sub-section (4) of Section 378 of the Cr.P.C. against the judgment passed by the Judicial Magistrate First Class, Durg in Complaint Case No. 900/13 whereby and whereunder learned court below on a complaint under Section 138 of the Negotiation Instrument Act against respondent acquitted him as the complainant failed to prove his case beyond all probable and reasonable doubt. For the purpose of leave to appeal, perused the impugned judgment, evidence and other documents annexed with acquittal appeal.

On due consideration, in the opinion of this

Court, it is a fit case for grant of leave to appeal. Consequently, instant Cr.M.P. filed within its limitation is allowed. Leave to appeal is granted. Registry is directed to register the matter under the head of acquittal appeal. Call for the record of the Court below through usual and fax mode.

On appellant's paying PF within 7 days, notice be issued to the respondent through usual and RAD mode returnable within 4 weeks.

List the matter immediately after service report of respondent is received and record is available for further hearing.

Cr.M.P. allowed.

Sd/- Chandra Bhushan Bajpai Judgee Pathak