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2022 Supreme(MP) 1652

VIVEK AGARWAL
Pramod Traders Through Prop. Pramod Sahu – Appellant
Versus
Bajaj Construction And Balaji Tubewell Prop Animesh Agrawal A/A – Respondent


Advocates Appeared:
Shri. Tabrez Khan, Advocate, for the Appellant; Shri. Sourabh Bhushan Shrivastava, Advocate, for the Respondent.

ORDER

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") is filed being aggrieved of order dated 2.5.2019 passed in R.C.T No.882/2018 by the learned Judicial Magistrate First Class Gadarwara, District Narsinghpur whereby after registering a case under the provisions of Sections 420, 467 & 468 of the Indian Penal Code, 1860 (for short "I.P.C"), the applicant was granted benefit of bail vide order dated 20.12.2018. Thereafter, on 2.5.2019, an application was filed on behalf of the present applicant under Section 317 of the Cr.P.C when complainant had filed an application seeking cancellation of bail on the ground that the case is registered for the offence under Sections 420, 467 & 468 of the I.P.C whereas by mistake the applicant was given benefit of bail under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (for short "N.I.Act") while infact the Judicial Magistrate First Class Gadarwara, District Narsinghpur had no jurisdiction to grant bail to the applicant for an offence under Sections 420, 467 & 468 of the I.P.C, therefore, the matter may be committed to the Court of Sessions.

2. Learned counsel for the applicant s

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