IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 25 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 637 of 2026 SHAILENDRA SINGH Versus RADHEYSHYAM Appearance:

Shri Sanjay Sarvate - Advocate for the appellant.

Shri Anil Upadhyay - Amicus Curiae for respondent.

JUDGMENT With the consent of learned counsel for the parties, the matter is heard finally.

2. This appeal has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 by the victim/complainant against judgment dated 01-02-2012 passed by the Second Additional Sessions Judge, Khandwa in Cr.A. No.230/2011 (M.P.) whereby the learned Court has reversed the judgment dated 01.10.2011 passed by Chief Judicial Magistrate, Khandwa in Criminal Case No.1050/2009, whereby the learned Court below convicted the respondent under Section 138 of N.I. Act and awarded sentence of 02 years. Vide impugned judgment learned Appellate Court set aside the judgment dated 1.10.2011 and acquitted the respondent from the aforesaid Section.

3. The brief facts of the case, as alleged by the appellant/complainant (in short "complainant") in the complaint filed under Section 138 of the Negotiable Instrum