Bhagwan Das vs Jitendra Munjral ...
2023 Latest Caselaw 5346 Raj

[2023/RJJD/017258]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 83/2020

Bhagwan Das S/o Shri Harbansh Lal, Aged About 51 Years, By Caste Arora, R/o Gali No. 3, House No. 24, Arjun Colony, Ward No. 39, Bhujia Factory Road, Sri Ganganagar.

----Appellant Versus Jitendra Munjral S/o Shri Vijay Munjral, By Caste Arora, R/o Ward No. 39, House No. 161-B, Ashok Nagar, Near Dispensary, Sri Ganganagar.

                                                                 ----Respondent


For Appellant(s)          :     Mr. G.R. Goyal
For Respondent(s)         :     --



               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 has acquitted the accused respondent by shifting the onus

upon him to show his capacity regarding availability of the amount

for which the cheque was given 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/017258] (2 of 2) [CRLLA-83/2020]

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 62-AnilKC/-

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