Punjab-Haryana High Court
Pal Singh vs Gurdeep Kaur on 15 November, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Crl. Misc. No. A-244-MA of 2012 (O&M)
Date of Decision: November 15, 2012.
Pal Singh
...... PETITIONER(s)
Versus
Gurdeep Kaur
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Parminder Singh, Advocate
for the applicant-appellant.
*****
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 14.12.2011 passed by learned Sub Divisional Judicial Magistrate, Phul.
Now in view of proviso to 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 in complaint under Section 138 of Negotiable Instruments Act, 1881. CRM-A-244-MA of 2012 -2-
Hence, in this view of the matter, the present application and appeal are disposed of with liberty to applicant-appellant to approach court of Sessions in appeal.
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.
( RAM CHAND GUPTA ) November 15, 2012. JUDGE Sachin M.