M/S Shri Ram Transport Finance Co. ... vs State (2023/Rjjd/017259)
2023 Latest Caselaw 5340 Raj

[2023/RJJD/017259]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 84/2020

M/s Shri Ram Transport Finance Co. Ltd., Branch Office Paota B Road, Jodhpur Through Mohd. Imran Khan S/o Shri Mohd. Yakub Khan, Age About 35 Years, Tetainer Advocate / Authorized Signatory, R/o At Present Shri Ram Transport Finance Co. Ltd. Branch Office Paota B Road, Jodhpur.

----Appellant Versus

1. State, Through P.p.

2. Ramlal, Shri Ganga Ram, R/o Belwa Ka Bera, Tinwari, Tehsil Osian, Distt - Jodhpur.

                                                                 ----Respondents


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



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

25/05/2023

1. 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 fund in the account of the accused respondent.

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 by giving benefit of doubt

from the offence under Section 138 of N.I. Act. There seems

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

[2023/RJJD/017259] (2 of 2) [CRLLA-84/2020]

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 63-AnilKC/-

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