Bagga Singh vs Neetu Kamra
2023 Latest Caselaw 5469 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 308/2019

Bagga Singh S/o Sh. Jaswant Singh, Aged About 49 Years, B/c Jat Sikh, R/o 1 Uss, Teh. Anoopgarh And District Sri Ganganagar (Raj.)

----Appellant Versus Neetu Kamra S/o Sh. Dayal Singh Kamra, B/c Arora, R/o W.no. 11, Behind Singh Sabha Gurudwara, Anoopgarh, Tehsil Anoopgarh, District Sriganganagar (Raj.)

----Respondent

For Appellant(s) : None Present For Respondent(s) : Mr. Abhishek Purohit, AGA Mr. Rakesh Matoria

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/08/2023

1. Heard on application under Section 5 of Limitation Act for

condonation of delay, it is contended that the petitioner-

complainant was not present on the date of judgment. After a long

time, he got the information regarding the acquittal of the

accused.

2. Considering the submission made on behalf of the applicant,

the application under Section 5 of Limitation Act is allowed.

3. The instant criminal leave to appeal be treated within

limitation.

4. The delay of 935 in filing the instant criminal leave to appeal

is condoned.

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

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

(2 of 2) [CRLLA-308/2019]

petitioner, which upon presentation got dishonoured with remark

"Signature Differ and Balance Insufficient". There seems

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

6. 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.

7. Office to proceed.

(FARJAND ALI),J 116-divya/-

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