IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

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ON THE 14 OF NOVEMBER, 2025 CRIMINAL APPEAL No. 10156 of 2022 RAMSUNDAR Versus MAHESH Appearance:

Mr. Ritu Raj Bhatnagar - Advocate for the appellant.

Mr. Jay Sharma - Advocate for the respondent.

ORDER This Criminal Appeal under Section 378(4) of the Code of Criminal Procedure, 1973 is preferred for leave to appeal against the judgment dated 07.04.2021 in Criminal Case No.2501610/2016 (Annexure-A/1) by the JMFC, Ratlam whereby the respondent has been acquitted from the charges of 138 of the Negotiable Instrument Act, 1881 on the ground that the complaint was premature as the notice was served on 11.06.2016 and the complaint was filed on 21.06.2016.

02. Necessary facts of the case are that a complaint was filed before the Judicial Magistrate First Class, Ratlam on 21.06.2016 alleging dishonour of Cheque No.363433 dated 01.01.2016 issued by the respondent in favour of the appellant for discharge of liability of Rs.1,50,000/- and dishonour of cheque on 07.06.2016 due to insufficient funds presented through Punjab National Bank, Ratlam. Thereafter, a notice dated 10.06.2016 was issued through RAD mo