Laxminarayan vs Om Prakash
2023 Latest Caselaw 5462 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 118/2023

Laxminarayan S/o Shri Ramji Lal, Aged About 48 Years, R/o Rawatsar Tehsil Rawatsar Dist. Hanumangarh Raj.

----Appellant Versus

1. Om Prakash S/o Rawtaram, R/o Dhannasar Tehsil Rawatsar Dist. Hanumangarh Raj.

2. State Of Raj., Through Pp

----Respondents

For Appellant(s) : Mr. Nand Lal Hirania For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order

01/08/2023

1. An application for condonation of delay has been moved at

the behest of the petitioner, it is contended that the petitioner was

not present on the date of passing the judgment of acquittal. He

obtained the copy of the judgment on 22.02.2022 and whereafter

the instant leave to appeal application came to be submitted

without unnecessary delay.

2. Considering the submissions made on behalf of the

petitioner, a lenient view is taken. The application filed under

Section 5 of the Limitation Act is allowed. The delay of seven days

in filing the instant criminal leave to appeal is condoned.

3. The leave to appeal to be treated within the limitation.

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

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

petitioner, which upon presentation got dishonoured owing to

insufficiency of funds in the account of the accused. There seems

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

(2 of 2) [CRLLA-118/2023]

5. 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.

6. Office to proceed.

(FARJAND ALI),J 121-divya/-

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