SHITALA BAKSH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Narendra Kumar Singh, learned Counsel for the applicant, Ms. Fatima Anjum, Advocate holding brief of Mr. Syed Ahmed Faizan and Mr. D.K. Srivastava, learned A.G.A. for the State.

(2.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) is directed against an order of the Judicial Magistrate, Court No. 5, Farrukhabad dtd. 10/11/2022 passed in Complaint Case No 59 of 2022, under Sec. 138 of the Negotiable Instruments Act, 1881, dismissing the complaint under Sec. 256 of the Code.

(3.) A preliminary objection has been raised by Ms. Fatima Anjum that this application under Sec. 482 of the Code is not maintainable, because the impugned order has been passed by the Magistrate under Sec. 256 of the Code, which amounts to a judgment of acquittal, the remedy whereagainst is an appeal under Sec. 378(4) of the Code by special leave of this Court. She submits, therefore, that this application under Sec. 482 of the Code is not maintainable.