Madhya Pradesh High Court
Ashish Agrawal vs Bhagwati Prasad Chourey on 5 October, 2018
1 MCRC-40163-2018
The High Court Of Madhya Pradesh
MCRC-40163-2018
(ASHISH AGRAWAL Vs BHAGWATI PRASAD CHOUREY)
1
Jabalpur, Dated : 05-10-2018
Shri P.S. Tomar, Advocate for the applicant.
Heard.
This application has been filed under Section 378(4) of Cr.P.C. for
grant of leave to file appeal against the acquittal of the respondent in the
judgment dated 05.09.2018 in SC NIA Case No. 349/2014 passed by learned JMFC, Hoshangabad (M.P.) whereby the learned JMFC dismissed the case for want of prosecution.
Learned counsel for the applicant submits that the the applicant was not aware of the fact that his case was fixed for hearing and also not got the information through his counsel. Learned trial Court did not consider this aspect that due to mistake of the counsel parties should not be suffered. He prays that this case must be decided on merits.
From perusal of the order sheet of trial Court dated 05.09.2018, it is revealed that trial court has mentioned that the complainant/applicant and his counsel were not present before the trial Court and also failed to produce his evidence before the Court. Therefore, the learned trial Court has dismissed the complaint case and acquitted the accused from the aforesaid charges.
Looking to the submissions made by the learned counsel for the applicant in the interest of the justice, this leave to appeal should be allowed and instead of registering this M.Cr.C. into Criminal Appeal, the complaint case may be restored and remanded to the trial court for fresh adjudication. Hence, subject to depositing Rs.4,000/- in the District Legal Aid Services Authority, District-Hoshangabad within period of one month from the date of passing of this order, SC NIA No. 349/2014 be restored to its original number and trial court is directed to consider a fresh. It is made clear that if the applicant is failed to present before the trial Court then, the learned trial Digitally signed by PALLAVI SINHA Date: 11/10/2018 10:44:45 2 MCRC-40163-2018 Court shall free to proceed further on its own discretion.
Accordingly, M.Cr.C. stands disposed of.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Pallavi Digitally signed by PALLAVI SINHA Date: 11/10/2018 10:44:45