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FANESHWAR YADAV v. RAJESH JOTWANI

Supreme Court of India | Diary 971/2025

Status

Order

Decided On

2025-12-17

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA and HON'BLE MR. JUSTICE PRASANNA B. VARALE

Petitioner

FANESHWAR YADAV

Respondent

RAJESH JOTWANI

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025 (Arising out of SLP(Crl.) No.948/2025)

FANESHWAR YADAV APPELLANT(S)

VERSUS

RAJESH JOTWANI RESPONDENT(S)

ORDER

1. Leave granted.

2. Heard learned counsel for the appellant.

3. None appears for the respondent despite

service of notice.

4. The challenge in this appeal is to the order

passed by the High Court dated 16.08.2024

dismissing the appellant’s application filed under

Section 378(4) of the Code of Criminal Procedure,

19731, for grant of special leave to appeal against

the judgment of acquittal dated 29.06.2022 passed

by the Judicial Magistrate First Class, Bilaspur in

Criminal Case No. 607 of 2019.

5. The appellant preferred private complaint

against the respondent for dishonor of cheque

amounting to Rs. 3,30,000/- (Rupees Three Lakh

Thirty Thousand Only). At the end of trial,

appellant’s complaint was dismissed and the

1 hereinafter referred to as ‘CrPC’.

2

respondent was acquitted in Criminal Case No. 607

of 2019. However, the appellant’s counsel did not

inform him about the outcome of the complaint case

for which he could not prefer an application for

leave to appeal before the High Court within the

period of limitation. As soon as he got the

information, he obtained certified copy and

preferred an application/petition under Section

378(...

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