Smt Kamiya Sharma vs Majisa Investment Point ...
2023 Latest Caselaw 7043 Raj

[2023:RJ-JD:28677]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Crml Leave To Appeal No. 584/2017

Smt. Kamiya Sharma W/o Shri Vishal Sharma, R/o- 12/147, K.k. Colony, Basani First Phase, Jodhpur Raj..

----Appellant Versus Majisa Investment Point Through Proprietor Mahendra Singh S/o Shri Jaalam Singh, R/o- 5/a, Panchwati Colony, Near Residency Palace Hotel Ratanada, Jodhpur.

                                                                 ----Respondent


For Appellant(s)           :    Mr. Hemank Vaishnav on behalf of
                                Mr. Love Jain
For Respondent(s)          :    -



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

11/09/2023

1. 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

insufficiency of funds in the account of the accused. There seems

reasonable grounds to allow the petitioner to prefer an appeal

against the impugned judgment.

2. 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.

3. Vide order dated 29.08.2023 passed by this Court, the arrest

warrant has been executed upon the respondent - Mahendra

Singh and on 21.08.2023, he was sent to the Central Jail, Jodhpur,

thus, the service is complete. However, no one has put in

[2023:RJ-JD:28677] (2 of 2) [CRLLA-584/2017]

appearance on his behalf. The opportunity of hearing shall be

given to the respondent at the time of hearing of appeal on the

point of admission.

4. Office to proceed.

(FARJAND ALI),J 83-divya/-

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