Mahindra And Mahindra Financial ... vs State Of Rajasthan ...
2023 Latest Caselaw 8942 Raj

[2023:RJ-JD:37015]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 281/2022

Mahindra And Mahindra Financial Service Ltd., 49, N.k. Tower New Kohinoor Cinema Chopasani Road Jodhpur Through Its Authorized Representative Sabir Hussain S/o Hamid Hussain Age 42 Years R/o Inside Idgha Out Side Jalori Gate Jodhpur

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Sita Ram S/o Shri Ram Chandra, R/o Sawantsar PadampUr Dist. Sri Ganganagar

----Respondents

For Appellant(s) : Mr. Sanjay Gupta For Respondent(s) : None present

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:37015] (2 of 2) [CRLLA-281/2022]

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 105-Pramod/-

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