THE DISTRICT PRIMARY CO Vs. NAVEEN KUMAR

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Section 378(4) Cr.P.C. against Naveen Kumar-respondent seeking grant of leave to file appeal against the impugned judgment of acquittal dated 18.5.2015 passed by learned Judicial Magistrate 1st Class, Karnal, vide which the complaint filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the 'the NI Act') had been dismissed and the accused/respondent has been acquitted.

(2.) It has been mainly submitted in the application that the applicant is filing the accompanying criminal appeal against the judgment of acquittal which is likely to succeed as per grounds mentioned therein. It has been further stated that the learned trial Court has given the benefit of doubt to the respondent/accused just on the ground that the prosecution has not been able to bring home the guilt of the accused beyond shadow of reasonable doubt. It has been stated that the applicant/appellant will suffer irreparable loss and injury if the leave to file appeal is not granted in his favour. It has, therefore, been prayed that this application seeking leave to file appeal may be allowed and leave be granted to the applicant to file appeal.

(3.) Notice of the application has been issued in this case.