Madan Lal vs Santosh Khinchi ...
2023 Latest Caselaw 8950 Raj

[2023:RJ-JD:37017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 231/2023

Madan Lal S/o Mohan Lal, Aged About 72 Years, R/o Khatiko Ka Mohalla, Near Panchayan Bhawan, Mahamandir, Jodhpur.

----Appellant Versus Santosh Khinchi S/o Devva Ram, R/o Khatiko Ka Mohalla, Shivpuri, Mansagar, Mahamandir, Jodhpur.

                                                                 ----Respondent


For Appellant(s)          :     Mr. Ravindra Acharya
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 with a remark

"Drawers Signature". 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:37017] (2 of 2) [CRLLA-231/2023]

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 107-Pramod/-

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