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2024 Supreme(Online)(MP) 1265

HIGH COURT OF MADHYA PRADESH
Sanwariya – Appellant
Versus
Narayan – Respondent


Advocates:
Shadab Khan,

ORDER

Heard on I.A. No.3761/2024, which is an application filed u/S 378(4) of Cr.P.C. for grant of leave to appeal.

2. Appellant/complainant has preferred this application under Section 378(4) of Cr.P.C. seeking grant of leave to appeal against the judgement of acquittal dated 09.11.2023 passed by the Court of JMFC, Sailana, District Ratlam (M.P.) in Case No.SCNIA/10/2021, whereby learned Magistrate has acquitted the respondent for an offence punishable u/S 138 of the Negotiable Instruments Act (in short "the N.I. Act").

2. Case of the appellant/complainant in brief is that the respondent/accused and his relative Vijay Singh had taken Mahindra Pick-up truck bearing registration No.MP-43-G-3529 owned by the complainant on monthly rent for a sum of Rs.21,000/-and an agreement (Ex.P/4) was executed by the parties on 12.09.2018. The rent amount was to be deposited in the bank account of father of the complainant Var Singh. Accused had given a cheque bearing No.116535 (Ex.P/3) to the complainant party as a security. It is also alleged that accused had not paid rent of 08 months and had gotten the vehicle damaged at the rear side. Sum of rent and damage amounted to Rs.1,80,000/-, which


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