Hira Ram vs Narayan Giri (2023/Rjjd/013953)
2023 Latest Caselaw 4267 Raj

[2023/RJJD/013953]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Crml Leave To Appeal No. 314/2019

Hira Ram S/o Sh. Bhuraram, Aged About 42 Years, B/c Jat, R/o Opp. Ramdev Hospital, Shramikapura, Loharo Ki Basti, Masuriya Basti, Jodhpur, Proprietor Mahadev Sand Stone, Khasra No. 582/2, Gunlaji Ki Dhani, Sardarsamand Road, Ghuda Bishnoiyan, District Jodhpur.

----Appellant Versus Narayan Giri S/o Mangilal Giri, Aged About 42 Years, B/c Goswami, R/o Anna Sagar, Char Kamba, Gali No. 3, Magra Punjala, Nr. The House Of Govind Ji, Jodhpur.

----Respondent

For Appellant(s) : Mr. Ramesh Kumar, on behalf of Mr. Kapil Purohit For Respondent(s) : Mr. A.R. Choudhary, P.P.

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.

[2023/RJJD/013953] (2 of 2) [CRLLA-314/2019]

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 48-Pramod/-

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