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2026 DAILYLAW 19846 (JHR)

PRAKASH KUMAR MISHRA v. MAHENDRA YADAV

Acq. App.(C)/1/2026 · 2026-07-09

Rajesh Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:20263 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acq. Appeal (C) No.01 of 2026 .... Prakash Kumar Mishra, Son of Late Raghunandan Mishra, aged about-67 years, resident of village-Ghato Tand, P.S.-Mandu (W.B.), P.O. and District-Ramgarh .… Appellant Versus 1. Mahendra Yadav, Son of Late Mundrika Yadav 2. Nitish Kumar, Son of Mahendra Yadav Both are resident of Mouza Housing Colony, Dhanbad, P.S., P.O. and District-Dhanbad 3. The State of Jharkhand .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Prabhat Kumar Sinha, Adv. For the State : Mr. Pankaj Kumar, P.P. .... 02/09.07.2026 1. It appears that it is an offence under Section 138 of the Negotiable Instruments Act, 1881 and the magisterial court has passed the judgment of acquittal vide order dated 07.04.2025 in Complaint Case No.594 of 2019. 2. Since the appellant is the victim, he has the right to prefer an appeal. However, the appeal must be filed before the appropriate forum as the case arose out of a magisterial trial, the appeal lies before the Court below itself. 3. In that view of the matter, learned counsel for the appellant seeks permission to withdraw the present appeal with a liberty to present the appeal before the appropriate forum. 4. Permission is accorded. 5. Accordingly, the present acquittal appeal stands disposed of with the aforesaid liberty. 6. I.A. No.7590 of 2025 filed for leave to appeal also stands disposed of. (Rajesh Kumar, J.) 09.07.2026 Shahid/ Uploaded on 13.07.2026