IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. 597-MA of 2010(O&M)
Date of Decision: November 17, 2010.
Raj Kumar
...... PETITIONER(s)
Versus
M/s Gulab Chand-Jinender Kumar
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Bir Bairagi, Advocate
for Mr. S.P.Khatri, Advocate
for the applicant-appellant.
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RAM CHAND GUPTA, J.(Oral)
The present application and appeal have been filed under Section
378(4) of Code of Criminal Procedure for granting Special Leave to Appeal
against the judgment of acquittal dated 07.01.2010 passed by learned
Additional Chief Judicial Magistrate, Sonepat in a complaint under Section
138 of Negotiable Instruments Act.
In view of the amended provision of Section 372 of Code of
Criminal Procedure, the applicant-appellant is having right to appeal before
court of sessions against judgment of acquittal passed by a Magistrate.
Hence, in this view of the matter, the present application and
appeal are disposed of with liberty to applicant-appellant to file appeal before
court of Sessions.
However, in case an application for condonation of delay is filed
by the applicant-appellant, the period spent by him in pursuing this
application in this Court be taken into consideration.
2
( RAM CHAND GUPTA )
November 17, 2010. JUDGE
‘om’