Dilip Sharma vs State And Anr (2023/Rjjd/015392)
2023 Latest Caselaw 4713 Raj

[2023/RJJD/015392]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 191/2018

Dilip Sharma S/o Shri Krashanmohan Sharma, By Caste Bramhan, R/o- H.no. 06, Income Tax Colony, Paota C Road, Imrtiya Bera, Jodhpur Raj.

----Appellant Versus

1. State Of Rajasthan

2. Sumer Singh Parihar S/o Heeralal Parihar, R/o 302/6, Laxmi Nagar, Paota C Road, Jodhpur Raj.

                                                                   ----Respondents


For Appellant(s)            :     None present
For Respondent(s)           :     Mr. A.R. Choudhary, P.P.



               HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

16/05/2023

1. Though notices have already been directed to be issued but

could not be issued because the extra set has not been filed by

the petitioner.

2. Looking to the prayer made and the niceties of the matter,

wherein, prosecution launched at the behest of the petitioner, the

accused was acquitted from the charge by the learned trial court

by giving him benefit of doubt. 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 insufficiency of funds in the account of the

accused. There seems reasonable and valid grounds to allow the

petitioner to prefer an appeal against the impugned judgment.

[2023/RJJD/015392] (2 of 2) [CRLLA-191/2018]

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. The opportunity of hearing shall be

granted to the accused-respondent on the point of hearing on

admission of appeal.

3. Office to proceed.

(FARJAND ALI),J 21-AnilKC/-

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