9911796707
TMI Blog2024 (10) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... ruparia. For the Respondent : Mr. Urja Ram Kalbi, PP. ORDER This application for grant of leave to file appeal has been filed by complainant-Ashraj Stone Pvt. Ltd. against the order dated 13.09.2022 passed in Case No.251/2018, where-under the sole respondent has been acquitted of the charge under Section 138 of the Negotiable Instruments Act. It is not disputed that the cheque was issued in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Evidently, the victim shall have right to prefer an appeal before the appellate forum an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the applicant has referred to the provisions of sub-Section 4 of Section 419 of the BNSS, which is reproduction of Section 378(4) Cr.P.C. The said provision reads as follows: "378(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or imposing inadequate compensation. The appellant would be at liberty to present an appeal against acquittal before concerned Sessions Judge within a period of 15 days from the date of this order. The learned Appellate Court while considering the period of limitation shall consider that the appellant was bona-fidely prosecuting the same matter before wrong forum (herein) from 21.11.2023 till to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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