Punjab-Haryana High Court
Amrit Lal vs M/S Goyal Cloth House And Another on 8 November, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM-A 457-MA of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc.-A 457-MA of 2011(O&M)
Date of Decision: November 8, 2012.
Amrit Lal.
...... PETITIONER(s)
Versus
M/s Goyal Cloth House and another.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. D.R.Singla, Advocate for
Mr. Inderjeet Sharma,
Advocate, for the applicant-appellant.
Mr. Achin Gupta,
Advocate, for respondent no.2.
*****
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 31.03.2010 passed by learned Judicial Magistrate First Class, Bathinda in complaint under Section 138 of the Negotiable Instruments Act.
Now after recent amendment in 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. CRM-A 457-MA of 2011 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 by way of appeal.
However, in case an application for condonation of delay is filed, the period spent by applicant-appellant in pursuing this application before this Court be taken into consideration.
( RAM CHAND GUPTA ) November 8, 2012. JUDGE 'om'