Shivam Tours Travel vs Sanjeev Associates And Another
2023 Latest Caselaw 12682 P&H

                                                         Neutral Citation No:=2023:PHHC:104045




CRM-A-515-2022 (O&M)                                                        -1-
                                                                2023:PHHC:104045

238
            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

                                              CRM-A-515-2022 (O&M)
                                              Date of Decision: 10.08.2023

SHIVAM TOURS TRAVELS
                                                                          Applicant
                                     Versus

SANJEEV ASSOCIATES AND ANOTHER
                                                                      Respondents

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:    Mr. Vishal Yadav, Advocate,
            for the applicant.

                   ****

JASGURPREET SINGH PURI, J. (ORAL)

1. The present application has been filed under Section 378(4)

Cr.P.C. for grant of leave to appeal against the judgment dated 05.04.2022

passed by the learned Judicial Magistrate 1st Class, Rewari, whereby respondent

No.2-Sanjeev Yadav has been acquitted.

2. Learned counsel for the applicant has submitted that the respondent

has been acquitted by the learned Judicial Magistrate 1st Class, Rewari, although

the signature on the cheque was not in dispute. He has submitted that there was

a presumption in favour of the applicant, which has not been properly rebutted

by respondent No.2.

3. I have heard the learned counsel for the applicant and have perused

the impugned order.

4. A perusal of the impugned order would show that the learned

Judicial Magistrate 1st Class, Rewari, while acquitting respondent No.2 has

observed that the respondent No.2 has been able to rebut the presumption,

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although, the signatures were not in dispute. The complaint was filed by the

applicant-Shivam Tours Travels through its Proprietor Ramesh Kumar, whereas

the cheque was given by Ramesh Kumar in his personal capacity. The learned

Judicial Magistrate 1st Class, Rewari referred to the cross-examination

statement of the complainant-applicant, wherein he deposed that he has filed the

complaint in his individual capacity and that the loan was taken from him and

that he has filed the complaint in personal capacity to recover the loan amount.

The learned Judicial Magistrate 1st Class, Rewari has therefore, acquitted the

respondents, inter alia, on the aforesaid grounds.

5. In view of the above, this Court does not deem it fit and proper to

grant leave to appeal to the applicant in view of the aforesaid findings

especially in view of the fact that the complaint was filed by a legal entity but

the cheque was issued by Ramesh Kumar, proprietor of the firm in his

individual capacity.

6. Consequently, the present application seeking leave to appeal, is

hereby dismissed.

10.08.2023                                       (JASGURPREET SINGH PURI)
Chetan Thakur                                            JUDGE


                Whether speaking/reasoned:        Yes/No

                Whether reportable:               Yes/No




                                                            Neutral Citation No:=2023:PHHC:104045

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