Kishori Lal Verma vs Gulshan Infra Projects Pvt. Ltd
2021 Latest Caselaw 10316 Raj

(1 of 2) [CRLLA-252/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 252/2019

Kishori Lal Verma S/o Banshidhar, Aged About 67 Years, A-156, Udai Vihar, Marwar Industrial Area, Udaipur (Raj).

----Appellant Versus

1. Gulshan Infra Projects Pvt. Ltd., Through Director, Address 27, Saravritu Vilas, Udaipur 313001

2. Ramesh Kumar Pahalwani, Director, Gulshan Infra Projects Private Limited, Address 27, Saravritu Vilas, Udaipur-313001

3. Padam Kumar Pahalwani, Authorized Signatory, Gulshan Infra Projects Private Limited, Address 27, Saravritu Vilas, Udaipur 313001.

                                                                  ----Respondents


For Appellant(s)           :     Mr. Rajender Soni
For Respondent(s)          :     -



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                     Order

08/07/2021

The applicant complainant has approached this court by

way of this application under Section 378(iv) CrPC with a prayer to

grant leave for filing an appeal against the judgment dated

23.01.2019 passed by the learned Special Judicial Magistrate (N.I.

Act Cases), No.6, Udaipur in Criminal Complaint Case

No.118/2018, whereby the proceedings of the complaint were

dropped and the respondents were acquitted from the offence

punishable under Section 138 CrPC.

After going through the impugned order and the record

and upon appreciating the arguments advanced by the learned

(2 of 2) [CRLLA-252/2019]

counsel for the applicant, it is clear that the respondents accused

fairly came forward before the trial court and offered to deposit

the cheque amount i.e. Rs.2,50,000/-. The trial court accepted

the said offer of the accused and quantified the total amount

covering the amount of cheque, penalty and interest applicable

thereupon at Rs.3,25,000/-. The respondents accused deposited

the said amount on 24.01.2019 and in furtherance thereof, the

proceedings were dropped by the trial court. The respondents

accused paid a sum of Rs.3,25,000/- to the complainant within a

period of two years and two months from the date of cheque and

thus, it is the firm view of this court that the complainant was fully

compensated. The view taken by the trial court while dropping

the proceedings is thoroughly in consonance with the judgment

rendered by Hon'ble Supreme Court in the case of M/s. Meters

and Instruments Private Limited & Anr. Vs. Kanchan Mehta

[AIR 2017 SC 4594].

Hence, I find no merit in the instant application seeking

leave to appeal, which is dismissed as such. The record be

returned to the trial court.

(SANDEEP MEHTA),J

87-Pramod/-

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