Vinod Kumar vs Rajendra Singh ...
2023 Latest Caselaw 5222 Raj

[2023/RJJD/016993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 211/2021

Vinod Kumar S/o Shri Lalu Ram, Aged About 35 Years, B/c Nai, R/o Near Genius Model School, Suratgarh, Tehsil Suratgarh, District Sri Ganganagar, Rajasthan.

----Appellant Versus Rajendra Singh S/o Shri Bagga Singh, Aged About 42 Years, R/o 28 P.b.n., Suratgarh, Tehsil Suratgarh, District Sri Ganganagar.

----Respondent

For Appellant(s) : Mr. Mahendra Singh Soni

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/05/2023

1. Though the present matter is listed because extra set for

effecting service upon the respondent No.2 has not been

furnished, however, in the peculiar circumstances of the case, at

present, the issuance of service upon the respondent No.2 is

dispensed with.

2. Heard.

3. 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. Thereafter, a

legal notice was issued to the accused respondent and a complaint

was too filed as per the statutory provision. The learned trial Court

took cognizance of the offence against the accused respondent.

After a full fledged trial, the learned trial Court acquitted the

accused respondent from the offence under Section 138 of N.I.

[2023/RJJD/016993] (2 of 2) [CRLLA-211/2021]

Act. There seems reasonable grounds to allow the petitioner to

prefer an appeal against the impugned judgment.

4. 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.

5. Office to proceed.

(FARJAND ALI),J 65-divya/-

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