Deepak Lohiya vs Nirmala Devi Jain
2023 Latest Caselaw 9003 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Crml Leave To Appeal No. 229/2020

Deepak Lohiya

----Appellant Versus Nirmala Devi Jain

----Respondent

For Appellant(s) : Mr. J.P. Kuldeep For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/11/2023

1. The notice could not be served upon the respondent despite

best efforts.

2. The instant leave to appeal is barred by limitation from 228

days. An application under Section 5 of the Limitation Act has

been filed. The delay in filing of the leave has been occurred on

account of outbreak of Covid-19, therefore, taking a lenient view,

the delay is condoned and the application is allowed.

3. Heard on the leave application.

4. 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.

5. 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

(2 of 2) [CRLLA-229/2020]

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

6. 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.

7. The opportunity of hearing shall be granted to the opposite

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

8. Office to proceed.

(FARJAND ALI),J 109-Pramod/-

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