Ashok Kumar vs Ajay Kumar Malhotra ...
2023 Latest Caselaw 3592 Raj

[2023/RJJD/011976]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 41/2023

Ashok Kumar S/o Sh. Mamraj Sisodiya, Aged About 41 Years, R/o House No. 98 Bharatnagar, Sri Ganganagar (Raj.)

----Appellant Versus Ajay Kumar Malhotra S/o Sh. Ashok Kumar Malhotra, Aged About 34 Years, R/o Gali No. S.s.b. Road 3 E Choti Near V.b.n.

School Sriganganagar (Raj.)
                                                                 ----Respondent


For Appellant(s)          :     Mr. Kaushal Gautam
For Respondent(s)         :     -



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

25/04/2023

1. The instant application seeking leave to appeal is barred by

limitation from 29 days. An application under Section 5 of the

Limitation Act has been filed seeking condonation of delay, which

is accepted for the reasons mentioned. The delay occasioned in

filing the appeal is condoned.

2. Heard.

3. Upon perusal of the judgment impugned, it is revealing that

a cheque was allegedly given by the accused-respondent to the

applicant, which upon presentation got dishonoured owing to

reason of insufficient funds in the account of the respondent.

The complainant gave notice to the respondent within the

prescribed period, which was not responded. Thereafter he filed a

[2023/RJJD/011976] (2 of 2) [CRLLA-41/2023]

complaint under Section 138 of the N.I. Act. Upon culmination of

the trial, learned trial court acquitted the respondent-accused

from the charge by giving benefit of doubt. There appears

reasonable grounds to allow the applicant to prefer an appeal

against the impugned judgment.

4. 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.

5. Office to proceed.

(FARJAND ALI),J 84-Pramod/-

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