ANIL KUMAR LALWANI Vs. R.P. SHUKLA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 3008-2017 passed by the 15th Additional Sessions Judge, Bhopal whereby the learned appellate Court allowed the criminal appeal of the non-applicant against the conviction and sentence passed by the Judicial Magistrate First Class, Bhopal dtd. 30/8/2016 in RT No. 2122//2015 for the charge under Sec. 138 of NI Act, 1881.

(2.) Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/appellant.

(3.) The question before this Court is whether instant appeal is covered under proviso to Sec. 413 of BNSS (372 of Cr.P.C.).