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2025 DAILYLAW 47751 (CHH)

Kapoorchand Sahu v. Shivdas Manikpuri

CRMP/730/2016 · 2025-11-26

Shri Radhakishan Agrawal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 730 of 2016 Kapoorchand Sahu S/o Shri Maharathi Sahu Aged About 36 Years Caste Sahu, R/o Kera Road, Bhathapara, Janjgir, Police Station Janjgir, Civil And Revenue District Janjgir Champa, Chhattisgarh., ... Petitioner/Complainant versus Shivdas Manikpuri S/o Shri Sonadas Manikpuri Aged About 36 Years R/o Village Kulipota, Police Station And Tahsil Janjgir, Civil And Revenue District Janjgir Champa, Chhattisgarh. ... Respondent/Accused For Petitioner : Shri Vishwanath Shrivas appears on behalf of Shri Parasmani Shrivas, Advocate. For Respondent : None, though served. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 27/11/2025 1. By this petition, the petitioner/complainant sought leave of this Court to appeal under Section 378 (4) of the Code of Criminal Procedure against the order dated 30.03.2016 passed by the Chief Judicial Magistrate, Janjgir, Dist. Janjgir-Champa C.G. in Criminal Case No.38/2015 by which the complaint case filed under Section 138 of the Negotiable Instruments Act was dismissed under Section 256 of Cr.P.C. as the complainant was not present and consequently, the respondents/accused person was acquitted by the said Court. 2. On due consideration of the submissions of the learned counsel for the petitioner, the present CRMP is allowed and the petitioner is granted leave to file appeal against the impugned order. 3. Let this CRMP be registered as regular Acquittal Appeal. 2 4. Call for the records of both the trial Court as well as the appellate Court. 5. After registration of regular appeal, list it for hearing on admission. 6. In view of above, the present CRMP stands disposed of. Sd/- (Radhakishan Agrawal) JUDGE Anjani