Punjab-Haryana High Court
M/S.Juneja Communications vs Manpreet Singh on 20 April, 2010
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-10041 of 2010 (O&M)
Date of Decision: April 20, 2010
M/s.Juneja Communications
.....Petitioner
v.
Manpreet Singh
......Respondents
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.B.S.Sudan, Advocate
for the petitioner.
......
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside the order dated 14.7.2009, Annexure P1, passed by learned Judicial Magistrate, Chandigarh, vide which complaint of the petitioner was dismissed for want of prosecution.
Heard.
Complaint has been dismissed vide impugned order of learned trial Court after summoning of accused under Section 138 of Negotiable Instruments Act. Accused was present on that day. Hence, the dismissing of complaint amounts to acquittal. In view of the amended provision of Section 372 of Code of Criminal Procedure, an appeal against judgment of acquittal passed by Judicial Magistrate Ist Class, Chandigarh, can be filed before court of Sessions.
Hence, in this view of the matter, learned counsel for the petitioner states that he be permitted to withdraw the present petition with liberty to file appeal before the court of Sessions.
Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty.
20.4.2010 (Ram Chand Gupta) meenu Judge