M/S Laxmi Superfine Chemical ... vs State And Anr (2023:Rj-Jd:28410)
2023 Latest Caselaw 6949 Raj

[2023:RJ-JD:28410]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 133/2018

M/s Laxmi Superfine Chemical Private Limited, Situated At Krishna Complex, Hazareshwar Colony, Udaipur, Through Its Director Gotu Lal Pate, Udaipur.

----Appellant Versus

1. The State Of Rajasthan

2. M/s M.k.g. Trading And Company, Through Proprietor Manoj Kumar, Office At 6/1-B, Koshipore Road, Colcatta West Bengal.

                                                                   ----Respondents


For Appellant(s)             :     None present
For Respondent(s)            :     Mr. Mukhtiyar Khan, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

06/09/2023

1. The matter is pending since year 2018 and efforts were

made to inform the respondent so that he may participate but of

no avail.

2. I have gone through the judgment impugned. It is a case of

criminal leave to appeal against the judgment dated 03.03.2017,

whereby the learned Magistrate has acquitted the accused

respondent from the offence under Section 138 of the NI Act.

3 A perusal of the judgment impugned revealing that a cheque

was allegedly given to the petitioner which upon presentation got

dishonoured due to account was closed by the accused

respondent. After that , notices were given and complaint was

filed within the stipulated period. After a fulfledged trial, learned

[2023:RJ-JD:28410] (2 of 2) [CRLLA-133/2018]

trial court gave benefit of doubt to the accused respondent and

thus acquitted.

4. After a cursory look, it appears that it is a fit case to permit

the appellant to prefer an appeal against the judgment of

acquittal.

5. 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. The opportunity of hearing shall be

provided to the respondents at the time of hearing on the point of

admission of appeal.

6. Office to proceed.

(FARJAND ALI),J 272-Taruna/-

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