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OM PRAKASH VII
Anil Kumar Agarwal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Hare Krishna Tripathi, Advocate
For the Opp. Party: A.G.A.

JUDGMENT

Om Prakash-VII, J.—The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the judgment and order dated 16.11.2015 passed by the Additional District and Sessions Judge, Fast Track Court, Jhansi in Criminal Appeal No.145 of 2013 (Anil Kumar Agarwal vs. Braj Bhushan Lahariya and another) under Section 378 Cr.P.C., P.S. Nawabad, District Jhansi.

2. Heard Shri Hare Krishna Tripathi, learned counsel for the applicant as well as the learned AGA appearing for the State and perused the record.

3. It was submitted by the learned counsel for the applicant that the appeal against acquittal in a complaint case under Section 138 Negotiable Instruments Act (in short ‘the Act’) was maintainable before the concerned Sessions Judge. The impugned order passed by the Court below is illegal. In support of his submissions, learned counsel for the applicant placed reliance on the following decisions:

1. Ashok Kumar Srivastava and others v. State of U.P. and another in application

u/s 482 no. 5934 of 2012, decided on 30.3.2012.

2. Ved Prakash Yadav and 2 others v. State of U.P. and others, criminal revision no. 3539 of 2015, decided on 24.9.2015.

4. Per contra





















































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