RAJKUMAR MANDNANI Vs. PRADEEP KHILVANITL

JUDGEMENT

(1.) THIS petition has been preferred by petitioner/accused seeking a relief to recall order dated 18.7.2011 passed by this Court in M. Cr.C. No. 12543/2010 granting special leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973.

(2.) FACTS of the case, in short, are that on the basis of incident of cheque bounce in respect of cheque No. 922838, dated 26.12.2004 of Rs. 1 lac, a complaint under Section 138 of the Negotiable Instruments Act (in short "the N.I. Act") was instituted. Vide judgment dated 21.1.2010 passed by J.M.F.C., Satna convicted the petitioner under Section 138 of the N.I. Act and sentenced to one year R.I. and directed the petitioner to pay the compensation of Rs. 1,50,000/- to the respondent. Aforesaid order of Magistrate was assailed by the petitioner in appeal. Vide judgment dated 2.11.2010 passed by VI Additional Sessions Judge, Satna in Criminal Appeal No. 29/2010 acquitted the petitioner of the charges by setting aside the judgment of Magistrate and allowed the appeal accordingly.

(3.) VIDE impugned order after perusal of the record of the Courts below leave to appeal has been granted to the respondent to prefer the appeal against order of acquittal passed by Appellate Court.