Priyabandhu Charan vs Pramod Tater (2023/Rjjd/013976)
2023 Latest Caselaw 4253 Raj

[2023/RJJD/013976]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 263/2022

Priyabandhu Charan S/o Shri Bhur Singh, Aged About 35 Years, R/o Badi Khurd At Present Bilara Tehsil Dist. Jodhpur

----Appellant Versus Pramod Tater S/o Prakashmal Tater, R/o Behind Police Chowki Bilara Tehsil Bilara Dist. Jodhpur

----Respondent

For Appellant(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : None present

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/05/2023

1. In a prosecution launched by the petitioner against the

respondent for the commission of offence under Section 138 of

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

the accused-respondent.

2. 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

reason of "Opening balance insufficient". There appears

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

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

59-Pramod/-

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