Dinesh Borana vs Mahendra Singh ...
2023 Latest Caselaw 2404 Raj

[2023/RJJD/007308]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 24/2023

Dinesh Borana S/o Sh. Magraj Borana, Aged About 41 Years, Plot No. 11, Guda Ganv Road, Jhalamand, Jodhpur (Raj.).

----Appellant Versus

1. Mahendra Singh S/o Sh. Sohansingh, Rawli Dhani, Chandrakh, Teh. Bawdi, Dist. Jodhpur (Raj.).

2. State, Through PP

----Respondents

For Appellant(s) : Mr. Tejmal Ranka with Mr. Sanwar Lal For Respondent(s) : Mr. Javed Gori, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/03/2023

By way of filing the instant revision petition to appeal,

challenge has been made to the judgment dated 12.01.2023

passed by learned Special Metropolitan Magistrate (Pilot Study)

N.I. Act Cases, Jodhpur Metropolitan whereby the criminal

complaint filed by the petitioner under Section 138 of the N.I. Act

has been dismissed and the accused has been acquitted from the

charges.

What is emanating from the record of the case that on

17.10.2022, the complainant was directed to remain present on

the next date for the purpose of his examination by the accused

and the matter was posted for cross-examination on 02.11.2022.

On 02.11.2022, the complainant was present in person along

with his counsel. His signature along with signature of his counsel

[2023/RJJD/007308] (2 of 2) [CRLLA-24/2023]

were appended on the order sheet despite thereof, the learned

Magistrate closed the evidence of the complainant and proceeded

further in the matter and thereafter vide judgment dated

12.01.2023, the accused has been acquitted on the ground of lack

of evidence.

Heard learned counsel for the appellant as well as learned

Public Prosecutor.

There are reasonable ground to allow the leave application.

Accordingly, the leave application is allowed.

Office to proceed.

(FARJAND ALI),J 76-KashishS/-

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