Dinesh Chandra Shrimal vs Chief Manager ...
2023 Latest Caselaw 4249 Raj

[2023/RJJD/013990]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 167/2022

Dinesh Chandra Shrimal S/o Kurichand Shrimal, Aged About 55 Years, R/o Pushpanjali Gandhi Ashram, Dungarpur (Raj.)

----Appellant Versus

1. Chief Manager, Rws Real Estate And Allied Ltd, Office -

604-605 The Golde Trianble Complex, In Front Of Sardar Patel Naranpura, Ahmedabad (Gujarat)

2. Manager, Rws Real Estate And Allied Ltd, Office At 10-11, Chetak Complex Dahod Road, Banswara.

3. Shri Kalpesh Malot S/o Shri Arvind Malot, House No. 342, Gali No. 8, In Front Of Khadi Ashram, Rati Talai, Banswara, Proprietor R.w.s. Real Estate And Allied Ltd.

----Respondents

For Appellant(s) : Mr. Vikram Vaishnav, on behalf of Mr. Jitendra Ojha For Respondent(s) : Mr. Shambhoo Singh

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/05/2023

1. In a prosecution launched by the petitioner against the

respondents for the commission of offence under Section 138 of

the N.I. Act, the learned trial court after full-fledged trial acquitted

the accused-respondents.

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

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

petitioner, which upon presentation got dishonoured owing to

reason of insufficient funds in the account of the accused. There

appears reasonable grounds to allow the petitioner to prefer an

appeal against the impugned judgment.

[2023/RJJD/013990] (2 of 2) [CRLLA-167/2022]

3. 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.

4. Office to proceed.

(FARJAND ALI),J 57-Pramod/-

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