Gopal Agrawal vs Smt Seema Agrawal ...
2023 Latest Caselaw 4257 Raj

[2023/RJJD/013960]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 85/2018

Gopal Agrawal Son Of Shri Shyam Sunder Agrawal, Proprietor Of Agrawal Sarees And Suits, 65, Maaldaas Street, Udaipur.

----Appellant Versus Smt. Seema Agrawal Wife Of Shri Chanchal Kumar Agrawal, Resident Of 72, Lakshmi Maarg, Amal Ka Kaanta, Near Deep Tailors, Udaipur.

----Respondent

For Appellant(s) : Mr. Vineet Dave For Respondent(s) : Mr. Manish Kumar Pitaliya

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 insufficient funds in the account of the accused. 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 43-Pramod/-

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