Dinesh Lodha vs Abhishek Tiwari ...
2023 Latest Caselaw 8940 Raj

[2023:RJ-JD:37019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 235/2023

Dinesh Lodha S/o Shri Mohan Lodha, Aged About 43 Years, R/o 96 Marudhar Nagar Pali Raj.

----Appellant Versus Abhishek Tiwari S/o Shri Navin Tiwari, R/o Gram Dhakadi Tehsil Sojat Dist. Pali Slecond Address Nn Motors Chandak Market New Bus Stand Pali Raj.

                                                                 ----Respondent


For Appellant(s)          :     Ms. Apeksha, on behalf of Mr. Harshit
                                Bhurani
For Respondent(s)         :     -

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/11/2023

1. In a prosecution launched by the petitioner against the

respondent for the commission of offence under Section 138 of

the N.I. Act, the learned trial court after full-fledged trial acquitted

the accused-respondent.

2. 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

reason of the account of the accused being closed. There appears

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

[2023:RJ-JD:37019] (2 of 2) [CRLLA-235/2023]

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. The opportunity of hearing shall be granted to the opposite

party at the time of hearing of the appeal on admission.

5. Office to proceed.

(FARJAND ALI),J 109-Pramod/-

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