Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.
Misc.
No.18366 of 2014 in Crl.
Appeal No.2613-SB of 2014 Date of decision:18.06.2014.
Satish Chand ...Appellant Versus Surender Singh ....Respondent **** CORAM: HON'BLE Mr.JUSTICE HARINDER SINGH SIDHU Present: Mr.C.B.Goel, Advocate for the applicant/appellant.
Mr.Jagjeet Beniwal, Advocate for the respondent.
**** HARINDER SINGH SIDHU J.
(ORAL) Counsel for the appellant/applicant relies upon a Full Bench decision of this Court in M/s Tata Steel LTD.Versus M/s Atma Tube Products LTD.and others (2013).RCR1005to contend that an appeal against the acquittal in proceedings under Section 138 of the Negotiable Instruments Act is not maintainable under Section 372 of Cr.P.C.but the remedy of the complainant lies in seeking the special leave to appeal under Section 378(4) Cr.P.C., against the order of acquittal passed by a Magistrate in a case under Section 138 of the Negotiable Instruments Act.
The appeal was admitted.
Notice regarding suspension of sentence of imprisonment was issued by this Court on 09.06.2014.
Heard counsel for the parties.
Counsel for the respondent could not effectively counter the contention of the counsel for the applicant/appellant.
Order of acquittal of the applicant/appellant could only be challenged under the provisions Pooja Saini 2014.06.19 17:01 I attest to the accuracy and integrity of this document Chandigarh Crl.
Misc.
No.18366 of 2014 in 2 Crl.
Appeal No.2613-SB of 2014 of Section 378(4) Cr.P.C by seeking special leave to appeal.
In view of the above sentence of imprisonment imposed upon the applicant/appellant vide order dated 02.06.2014 shall remain suspended during the pendency of the appeal.
Recovery of fine shall also remain stayed during the pendency of the appeal.
Copy of order be supplied under signatures of Special Secretary of this Court.
(HARINDER SINGH SIDHU) JUDGE1806.2014.
pooja saini Pooja Saini 2014.06.19 17:01 I attest to the accuracy and integrity of this document Chandigarh