LAWS(P&H)-2019-3-361

LAKHI RAM Vs. JUGAL KISHORE SHARMA

Decided On March 20, 2019
LAKHI RAM Appellant
V/S
JUGAL KISHORE SHARMA Respondents

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Cr.P.C. against Jugal Kishore Sharma- respondent seeking grant of leave to file appeal against the impugned judgment of acquittal dtd. 20/3/2015 passed by learned Judicial Magistrate Ist Class, Palwal, whereby the complaint filed under Ss. 418, 420, 467, 468, 471 and 120-B IPC has been dismissed and the accused-respondent has been acquitted of the charges as framed against him. Accused No.2 to 6 were already discharged vide order dtd. 10/2/2015 and accused No.1 Jugal Kishore Sharma only faced the trial.

(2.) It has been mainly stated in the application that the accompanying appeal is being filed against the judgment dtd. 20/3/2015 passed by learned Judicial Magistrate Ist Class, Palwal, which is likely to succeed on the grounds mentioned therein. It has been stated that the learned trial Court vide impugned judgment has wrongly and erroneously acquitted the accused-respondent. It has been mentioned that the appellant will suffer an irreparable loss and injury in case leave to appeal is not granted. It has, therefore, been prayed that this application be allowed and leave be granted to the applicant to file appeal.

(3.) The brief facts of the case as noted down by the learned Judicial Magistrate Ist Class, Palwal, in her judgment dtd. 20/3/2015 are as under:-