Deepak Rathi vs State Of Rajasthan (2024:Rj-Jd:23492)
2024 Latest Caselaw 4614 Raj

Rajasthan High Court - Jodhpur

Deepak Rathi vs State Of Rajasthan (2024:Rj-Jd:23492) on 23 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:23492]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3330/2024

Deepak Rathi S/o Mohan Lal Rathi, Aged About 39 Years, R/o
Krishna Mohalla, Aamliyon Ki Bari, P.s. Bheemganjh, Dist.
Bhilwara
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through Pp
2.        Abhishek Chechani S/o Dinesh Kumar Chechani, Aged
          Adult, R/o 10/b, Neelkant Colony, Shashtri Nagar, P.s. City
          Kotwali, Dist. Bhilwara.raj.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Niranjan Singh Shekhawat
For Respondent(s)          :     Mr. S.K. Mehar, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/05/2024

1. The misc petition as well as stay petition is disposed of with

liberty to the petitioner to challenge the judgment of acquittal

dated 20.03.2024 passed by learned Judicial Magistrate, N.I. Act

Cases No.1, Bhilwara with an application under Section 5 of the

Limitation Act for condonation of delay appearing in filing of the

appeal.

2. If the appeal along with an application is filed within a period

of 30 days from today before the concerned sessions division, the

learned Court of Appeal shall sympathetically consider the

condonation of delay for the reason that due to inadvertence a

wrong forum had been approached.

[2024:RJ-JD:23492] (2 of 2) [CRLMP-3330/2024]

3. Needless to say there is a wide scope under Section 386 of

Cr.P.C. to remand the matter back to the trial Court. If the

Appellate Court deems it appropriate in the facts and

circumstances of the case.

(FARJAND ALI),J 281-Samvedana/-

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