Rajasthan State Mines And ... vs Shree Acids And Chemicals Limited
2021 Latest Caselaw 18065 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Leave To Appeal No. 51/2019

Rajasthan State Mines And Minerals Limited, (A Govt Of Raj Undertaking) (Cin-U1409Rj1949Sgc000505) Regd Office C-89/90 Lal Kothi Scheme, Jaipur-302015 Corporate Office RSMML, 4, Meera Marg, Udaipur 313001

----Appellant Versus

1. Shree Acids And Chemicals Limited, Regd Office Delhi Cold Storage Building, 15, New Subzi Mandi, Azadpur, Delhi-110033.

2. Ravi Mittal S/o Lt Sk Mittal, 8 Kripa Narain Marg, Civil Lines, Delhi.

----Respondents

For Appellant(s) : Mr. Sunil Purohit

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

01/12/2021

The instant leave to appeal has been filed under Section 378

(4) Cr.P.C. against the judgment dated 23.07.2018, whereby

learned Special Judge No.1, N.I. Act Cases, Udaipur in Criminal

Case No. 301/2012 (391/11) (116/2004) acquitted the accused

respondents from offences under Section 138 of Negotiable

Instruments Act, 1881.

Heard learned counsel for the appellant on reply to the office

objection and perused the impugned judgment.

In view of provisions of Section 378(5) Cr.P.C, in the present

case limitation period is six months and not sixty days. Hence

office objection is over ruled.

(2 of 2) [CRLLA-51/2019]

Respondent Nos. 1 & 2 are not present after service of

notice.

Heard learned counsel for the appellant.

Having heard learned counsel for the appellant, this court

finds that appellant has available to him the ground to assail

impugned judgment of acquittal passed by the learned trial court.

Accordingly, the leave to appeal is granted.

The memo of leave to appeal be treated as appeal.

Issue notice of appeal to respondent Nos.1 & 2, returnable

within 4 weeks.

(RAMESHWAR VYAS),J

74-rahul arya/-

Powered by TCPDF (www.tcpdf.org)