Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17735
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 806 of 2014 1 - Goutam Jain S/o . Ratan Lal Jain Aged About 34 Years R/o. Bramhjan Para, P.S. City Kotwali, Durg, Distt. Durg C.G., Chhattisgarh
... Petitioner(s) versus 1 - Vinay Kumar Amesar Sindhi S/o. Ramesh Aged About 37 Years R/o. Behind Of Devangan Dharmasala, Gaya Nagar, P.S. City Kotwali, Distt. Durg C.G., Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Navin Shukla, Advocate For Respondent(s) : None for the respondent though served.
Hon’ble Shri Justice Sachin Singh Rajput
Order on Board 17/04/2025 Heard on application under Section 378 (4) of CrPC for leave to appeal against acquittal.
2.
Learned counsel for the petitioner submits that the respondent has been acquitted by the learned Judicial Magistrate First Class, Durg, CG in criminal complaint case No. 943/2011 for an offence punishable under Section 138 of Negotiable Instruments Act, 1881. He further submits that the acquittal is merely on the ground that three different amount is
2 mentioned in the cheque. He submits that on that portion, the respondent has put his signature which has not been disputed, therefore, learned Judicial Magistrate First Class has committed an error in acquitting the respondent.
3. On due consideration, the application is allowed. Leave to appeal is granted in favour of the petitioner.
4. Let the appeal be registered as acquittal appeal and it be listed after two weeks.
5. Accordingly, the CRMP is disposed of.
6. In the meanwhile, records be called. Sd/-
(Sachin Singh Rajput)
JUDGE Pawan