Shivbhagwan Swami vs Rohitash (2023:Rj-Jd:37846)
2023 Latest Caselaw 9114 Raj

[2023:RJ-JD:37846]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 318/2023

Shivbhagwan Swami S/o Hakumchand, Aged About 35 Years, R/o B-29, Madar Teresa Nagar, Behind North Western Railway Headquarter, Malwaviya Nagar, Jaipur.

----Appellant Versus Rohitash S/o Madanlal, R/o Ward No. 23, Behind Govt. School, Ganeshpurabas Bhadra, Tehsil Bhadra, Dist. Hanumangarh.

----Respondent

For Appellant(s) : Mr. Manjeet Godara

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/11/2023

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 insufficient funds in the account of the accused. 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:37846] (2 of 2) [CRLLA-318/2023]

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 29-Pramod/-

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