Umed Thanvi vs Ramesh Kumar (2023:Rj-Jd:36995)
2023 Latest Caselaw 8947 Raj

[2023:RJ-JD:36995]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 239/2023

Umed Thanvi S/o Kanmal Thanvi, Aged About 44 Years, R/o- Behind High Secondary School, Laxmipura, Phalodi.

----Appellant Versus Ramesh Kumar S/o Moti Lal Choudhan, B/c- Chouhan, R/o- 80, Morya Flates, Parshwanath Complex Road, Behind Metropolitian Magistrate, Ghee Khanta, Ahmedabad (Gujrat).

                                                                 ----Respondent


For Appellant(s)          :     Mr. Mahesh Joshi
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 the

account of the accused being closed. There appears reasonable

grounds to allow the petitioner to prefer an appeal against the

impugned judgment.

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.

[2023:RJ-JD:36995] (2 of 2) [CRLLA-239/2023]

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 112-Pramod/-

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