M/S Shri Vinayak Agency vs M/S Modi Beverages Private ...
2023 Latest Caselaw 7094 Raj

[2023:RJ-JD:29141]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Crml Leave To Appeal No. 161/2022

M/s Shri Vinayak Agency, Through Its Proprietor Smt. Sundar Kanwar Chouhan W/o Sh. R.k. Singh Chauhan, Aged About 69 Years, R/o 5-6, Hemraj Lane, Lake Palace Road, Dist. Udaipur, Rajasthan.

----Appellant Versus

1. M/s Modi Beverages Private Limited, 33/1/2, Waghdhara Road, near Daman Ganga River, Dadra Nagar Haveli, Dadra-396191.

2. Sh. Ravi Modi (Ravindra Modi) S/o Shri Krishna Das Modi, R/o 33/1/2, Waghdhara Road, near Daman Ganga River, Dadra Nagar Haveli, Dadra-396191.

3. Shri Sushovarkar S/o Shri Chandra Kar, R/o A-703, Sjhilp Residency, behind Water tank, Vesu, Magdalla, Surat- 394518, Gujarat.

4. Sh. Chandrakant M. Surti, S/o Shri MohanlalSurti, R/o B-

403, Happy Residency, in front of Safal Square, Udhana, Surat-395007, Gujarat.

----Respondents

For Appellant(s) : Ms. Saumya Choudhary For Respondent(s) : -

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/09/2023

1. An application under Section 5 of the Limitation Act for con-

donation of delay has been preferred on behalf of the learned

counsel for the petitioner.

2. For the reasons and grounds mentioned in the application,

the same is allowed.

[2023:RJ-JD:29141] (2 of 2) [CRLLA-161/2022]

3. The delay of 14 days in filing the instant criminal leave to ap-

peal is condoned.

4. The criminal leave to appeal be treated within limitation.

5. Upon perusal of the judgment impugned, it is revealing that

cheques were allegedly given by the 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 im-

pugned 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. Office to proceed

8. Learned counsel for the petitioner has furnished amended

cause titled, the same be taken on record and be placed appropri-

ately in file.

(FARJAND ALI),J 73-divya/-

Powered by TCPDF (www.tcpdf.org)