Panna Lal vs Ashok Kumar
2021 Latest Caselaw 17008 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 488/2019

Panna Lal S/o Chhotu Ram, Aged About 30 Years, By Caste Regar, R/o Ward No. 19, Mohalla Regaran, Taranagar, Tehsil Taranagar, District Churu.

----Appellant Versus Ashok Kumar S/o Shri Dhapat, By Caste Jangir, R/o Ward No. 19, Near The House Of Sagarmal Saini Ration Dealer, Taranagar, District Churu.

                                                                 ----Respondent


For Appellant(s)          :     Mr. JDS Bhati
For Respondent(s)         :     Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

15/11/2021

The instant leave to appeal has been filed under 378

(4) Cr.P.C. against the judgment dated 13.9.2019, whereby

learned Judicial Magistrate, Taranagar, District Churu in Criminal

Case No. 145/2018 acquitted the respondent from the offence

under Section 138 of Negotiable Instruments Act (herein

afterwards referred to as 'the N.I. Act').

Heard the learned counsel for the appellant and

perused the record.

Learned counsel for the appellant has submitted that

trial court erred in concluding that there was no legal liability on

the part of the respondent. Respondent has failed to rebut

presumption under Section 139 of N.I. Act in favour of the

appellant. Learned counsel for the appellant has further

(2 of 2) [CRLLA-488/2019]

submitted that the trial court erred to conclude that no notice was

given by the appellant for payment of cheque, whereas he has

given notice (Exhibit-P/9) dated 23.10.2017 within fifteen days of

receipt of information regarding dishonor of cheque.

In the above background and looking to the evidence

available on record, this leave to appeal deserves to be allowed.

Accordingly, leave to appeal is granted to the appellant.

This leave to appeal shall be treated as appeal itself.

Issue summons to the respondent.

Rule is made returnable within eight weeks.

(RAMESHWAR VYAS),J

63-Mak/-

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