Punjab-Haryana High Court
Shyam Sunder Verma vs Dharambir Jyanti on 6 November, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Crl. Misc.-A 228-MA of 2011 (O&M)
Date of Decision: November 6, 2012.
Shyam Sunder Verma
...... PETITIONER(s)
Versus
Dharambir Jyanti
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Pankaj Maini,
Advocate, for the applicant-appellant.
*****
RAM CHAND GUPTA, J.(Oral)
CRM No.65001 of 2012 Heard.
In view of the facts mentioned in the application, the same is allowed and order dated 08.10.2012 dismissing the present application/appeal for non-prosecution is, hereby, recalled and application and appeal are restored at their original numbers.
CRM stands disposed of.
CRM-A 228-MA of 2011(O&M) 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 31.05.2010 passed by learned Judicial CRM-A 228-MA of 2011 2 Magistrate First Class, Hisar under Section 138 of Negotiable Instruments Act read with Section 420 IPC.
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.
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 applicant-appellant, the period spent by him in pursuing this application before this Court may be considered.
( RAM CHAND GUPTA ) November 6, 2012. JUDGE 'om'