UMA DUBEY Vs. ROOPESH KUMAR

JUDGEMENT

(1.) ARGUMENTS heard. This is an- application, under Section 378 (4) of the Code of Criminal procedure, for grant of leave to appeal against the order of acquittal in respect of the offence punishable under Section 13 8 of the Negotiable Instruments Act, 1881. The order was passed on 28/8/2003 by Shri Upendra Kumar Singh, ACJM, Jabalpur in Complaint Case No. 718/2003 (earlier registered as Case No. 743/1997) while dismissing the complaint in default under Section 256 (1) of the Code.

(2.) CONSIDERING the fact that on 28/8/2003, the case was fixed for recording of the remaining evidence of the complainant/applicant, leave to appeal is granted.

(3.) TAKING into consideration the facts and circumstances of the case, no formal registration- of a case as Criminal Appeal is necessary.