Munna Ram vs Ladulal (2023/Rjjd/011489)
2023 Latest Caselaw 3426 Raj

[2023/RJJD/011489]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 341/2016

Munna Ram S/o Shri Hari Shankar Meena, Neelkanth Colony, Housing Board, Shastri Nagar, Tehsil And Distt. Bhilwara Raj.

----Appellant Versus Ladulal S/o Shri Bheru Lal Ji, Prop./attorney Holder M/s. Hariom Construction, Near Lal Bahadur Shastri Park, Near Old Chungi Naka, Pur, Tehsil And District Bhilwara Raj.

----Respondent

For Appellant(s) : Ms. Manasi Choudhary For Respondent(s) : Mr. Abhishek Purohit, AGA Mr. Sanjay Nahar

HON'BLE MR. JUSTICE FARJAND ALI

Order

21/04/2023

A criminal prosecution for the offence under Section 138 of

NI Act came to be launched at the behest of the petitioner who

happens to be complainant on the ground that a cheque of

Rs.2,00,000/- was given to him by the accused in lieu of

discharged of a debt. On due date, when the cheque was

presented to the bank it got dishonored due to insufficiency of the

balance in account of the accused, thereafter, in accordance with

the law, the notice was given but no amount was paid. The

learned trial court after appreciation of evidence has acquitted the

accused which is required to be re-appreciated by this court.

Upon consideration of the above submission and after

perusal of the judgment, in my considered view, present is a fit

case where the petitioner should be allowed to prefer an appeal.

[2023/RJJD/011489] (2 of 2) [CRLLA-341/2016]

Accordingly, the instant application seeking leave to appeal is

allowed. The memo of leave to appeal application shall be treated

and registered as an appeal.

Office to proceed.

(FARJAND ALI),J 40-AnilKC/-

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