Vimla Dyma vs State Of Rajasthan ...
2023 Latest Caselaw 4657 Raj

[2023/RJJD/015114]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 30/2021

Vimla Dyma W/o Ramesh Chandra Dyma, Aged About 43 Years, B/c Brahmin, Proprietor Radhika Fine Fab, Office-17 Murlesh Market, Near Gandhi Murti, Pali (Raj.).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. M/s M. Mayank Fab Tex, Through Its Proprietor Manohar Lal Jain S/o Takhat Raj, R/o 1-Pa-24, Old Housing Board, Kamla Nehru Nagar, Pali (Raj.).

----Respondents Connected With S.B. Crml Leave To Appeal No. 29/2021 Vimla Dyma W/o Ramesh Chandra Dyma, Aged About 43 Years, B/c Brahmin, Proprietor Radhika Fine Fab, Office- 17 Murlesh Market, Near Gandhi Murti, Pali (Raj.).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Manohar Lal Jain S/o Takhat Raj, Proprietor Of M. Mayank Fb Tex. Address- 1-Pa-24, Old Housing Board, Kamla Nehru Nagar, Pali (Raj.).

----Respondents

For Appellant(s) : Mr. Prem Dayal Bohra For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/05/2023

(In S.B. Crml Leave To Appeal No. 30/2021)

1. As per office report dated 09.03.2023, notice of respondent

No.2 received duly served, hence, service is complete.

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

a cheque of Rs. 53,000 along with two cheques were allegedly

given by the accused-respondent to the petitioner, which upon

[2023/RJJD/015114] (2 of 2) [CRLLA-30/2021]

presentation got dishonoured owing to insufficiency of funds in the

account of the accused. There seems 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.

(In S.B. Crml Leave To Appeal No. 29/2021)

1. As per office report dated 22.03.2023, notice of respondent

No.2 received duly served, hence, service is complete.

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

two cheques of Rs.49,000/- and the other of Rs.50,000/- was

allegedly given by the accused-respondent to the petitioner, which

upon presentation got dishonoured owing to insufficiency of funds

in the account of the accused. There seems 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 31-32 divya/-

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