Gaurav Soni vs State (2023/Rjjd/014150)
2023 Latest Caselaw 4316 Raj

[2023/RJJD/014150]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 367/2019

Gaurav Soni S/o Shri Krishan Gopal Soni, Aged About 38 Years, By Caste Soni, Resident Of B-11, Shastri Nagar, Bhilwara, District Bhilwara.

----Appellant Versus

1. State, Through PP

2. Oswal Polyfeb Private Limited, B-14/15, Akar Tower, Infront Of Harsh Palace, Old Rto Road, Gandhi Nagar, Bhilwara, Through Its Authorized Signature Anil Kumar S/ o Amar Singh Bavel

3. Anil Kumar S/o Amar Singh Bavel, Resident Of B-40, Shastri Nagar, Bhilwara, Authorized Signatory Of Oswal Polyfeb Private Limited, Bhilwara.

4. Amaar Singh Bavel S/o Shri Kalu Singh Bavel, Resident Of D-40, Shastri Nagar, Bhilwara, Director Of Oswal Polyfeb Private Limited, Bhilwara.

----Respondents

For Appellant(s) : Mr. Bhagat Dadhich For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

Mr. Ashok Kumar

HON'BLE MR. JUSTICE FARJAND ALI

Order

09/05/2023

1. Vide the judgment impugned dated 16.07.2019 the

complaint filed by the petitioner for offence under Section 138 of

Negotiable Instruments Act has been dismissed on the ground

that at the time of presentation of the cheque, the same was not

covering under the definition of 'Negotiable Instrument'. There

seems reasonable and valid ground to allow the petitioner to

prefer an appeal against the impugned judgment.

[2023/RJJD/014150] (2 of 2) [CRLLA-367/2019]

2. 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.

3. Office to proceed.

(FARJAND ALI),J 43-AnilKC/-

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