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Judgment
Raj Beer Singh, J
Heard learned counsel for the applicant/ appellant and learned AGA for the State and perused the record. None has appeared on behalf of opposite party no.2 despite service of notice.
This application has been filed under Section 419(4) BNSS seeking leave to file an appeal against judgment and order dated 14.08.2024, passed by learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court no.2, Bijnor, whereby the opposite party no.2 has been acquitted of charge under Section 138 N.I. Act.
Learned counsel for the applicant/ appellant submitted that impugned judgment dated 14.08.2024 is against facts and law and thus liable to be quashed. Referring to facts of the matter, it was submitted that there is apparent illegality in the impugned order and thus a case for grant of leave to file appeal is made out.
Having considered submissions of learned counsel for the parties and perusing the record, a case for grant of leave to appeal is made out. Accordingly leave to file the appeal is granted in accordance with the provisions of Section 419(4) BNSS.
Application for leave to appeal is allowed.
List this case on 15.04.2026.