RAJ KUMAR Vs. GULAB CHAND-JINENDER KUMAR

JUDGEMENT

(1.) THE present application and appeal have been filed under Section 378(4) of Code of Criminal Procedure for granting Special Leave to Appeal against the judgment of acquittal dated 07.01.2010 passed by learned Additional Chief Judicial Magistrate, Sonepat in a complaint under Section 138 of Negotiable Instruments Act.

(2.) IN view of the amended provision of Section 372 of Code of Criminal Procedure, the applicant-appellant is having right to appeal before court of sessions against judgment of acquittal passed by a Magistrate.

(3.) HOWEVER , in case an application for condonation of delay is filed by the applicant-appellant, the period spent by him in pursuing this application in this Court be taken into consideration.