Supar Kanwar vs Sona
2021 Latest Caselaw 10319 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 109/2019

Supar Kanwar W/o Sh. Samundra Singh, Aged About 72 Years, B/c Rajput , R/o Ward No 2, Sainik Colony Rajgarh , Tehsil Rajgarh , Distt. Churu (Raj.)

----Appellant Versus Sona W/o Pappu Khan, B/c Damami , R/o Ward No 11, Subhash Nagar Rajgarh , Tehsil Rajgarh , Distt. Churu (Raj.)

----Respondent

For Appellant(s) : Mr. D.S. Gharsana For Respondent(s) : --

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

08/07/2021

The applicant-complainant Smt. Supar Kanwar has

approached this Court through this leave to appeal application

under Section 378 (4) Cr.P.C. seeking leave to file an appeal

against the judgment of acquittal dated 07.02.2019 passed by

learned Judicial Magistrate, Rajgarh District Churu in Complaint

Case No.172/2016 (575/15)

I have given my thoughtful consideration to the submissions

advanced at bar and have gone through the impugned judgment

and the record.

After going through the impugned judgment and the original

record, it is clear that the applicant-complainant filed the

complaint with a specific assertion that the cheque in question was

given to her by the respondent accused after appending her

thumb impression thereupon. The respondent took a pertinent

(2 of 2) [CRLLA-109/2019]

plea before the trial court that she had no bank account. This

assertion of the respondent is fortified from the fact that Return

Memo (Ex.P/5) itself bears a remark that the cheque was not

issued. Admittedly, the respondent accused is an illiterate lady and

cannot even append her signatures.

It is common knowledge that the banks would not issue

cheque book to an illiterate person who cannot append a

signature. Thus, I am of the firm opinion that the findings

recorded by the trial court in the impugned judgment while

acquitting the respondent from the offence punishable under

Section 138 of the N.I. Act was the only possible view of the

matter. Hence, there is no justification in the prayer of the

applicant-complainant for granting leave to file appeal against the

impugned judgment dated 07.02.2019. Accordingly, the leave to

appeal application fails and is dismissed as being devoid of merit.

The original record shall be returned to the trial court

forthwith.

(SANDEEP MEHTA),J 81-Sudhir Asopa/-

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