Rajasthan High Court - Jodhpur
M/S Shiva Enterprises vs M/S Rajasthan Art Emporium Ltd ... on 10 September, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:37634] (1 of 3) [CRLLA-497/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 497/2019
M/s Shiva Enterprises, Through Proprietor Shiv Narayan Bishnoi
S/o Shri Ghasi Ram Bishnoi, By Caste Bishnoi, Aged About 68
Years, R/o House No. 40, Central School Scheme, Jodhpur.
----Appellant
Versus
1. M/s Rajasthan Art Emporium Ltd, Heritage House,
Ummed Bhawan Palace Road, Rai-Ka-Bag, Jodhpur.
2. R.k. Singhal, Director, M/s Rajasthan Art Emporium
Limited, Heritage House, Ummed Bhawan Place Road,
Rai-Ka-Bag, Jodhpur Presently Residing At Sukhi Jeevan
Complex, O-13, O Block, Third Floor, Nathanio Ka Chowk,
Ajmer Road, Pulia Ke Pas, Jaipur.
3. Smt. Mithilesh Singhal, Director, M/s Rajasthan Art
Emporium Limited, Heritage House, Ummed Bhawan
Place Road, Rai-Ka-Bag, Jodhpur Presently Residing At
Sukhi Jeevan Complex, O-13, O Block, Third Floor,
Nathanio Ka Chowk, Ajmer Road, Pulia Ke Pas, Jaipur.
4. Mudit Singhal, Director, M/s Rajasthan Art Emporium
Limited, Heritage House, Ummed Bhawan Place Road,
Rai-Ka-Bag, Jodhpur Presently Residing At Sukhi Jeevan
Complex, O-13, O Block, Third Floor, Nathanio Ka Chowk,
Ajmer Road, Pulia Ke Pas, Jaipur.
5. Yogik Singhal, Director, M/s Rajasthan Art Emporium
Limited, Heritage House, Ummed Bhawan Place Road,
Rai-Ka-Bag, Jodhpur Presently Residing At Sukhi Jeevan
Complex, O-13, O Block, Third Floor, Nathanio Ka Chowk,
Ajmer Road, Pulia Ke Pas, Jaipur.
----Respondents
For Appellant(s) : Mr. Ashok Kumar Bishnoi
For Respondent(s) : Mr. DN Yadav
Mr. Mohit Singh Choudhary
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
10/09/2024
1. Heard the parties.
2. The background leading to this leave to file an appeal against
the judgment of acquittal under Section 378 (4) CrPC is that the
appellant M/s. Shiva Enterprises had brought Criminal Case
[2024:RJ-JD:37634] (2 of 3) [CRLLA-497/2019]
No.261/2012 against respondent M/s. Rajasthan Art Emporium
Ltd. & Ors. for prosecution under Section 138 of the Negotiable
Instruments Act.
3. For non appearance of the complainant, the complaint case
was dismissed for non-prosecution by order dated 01.05.2018.
The petitioner filed Criminal Revision No.317/2018 before the
learned Sessions Judge. The petitioner subsequently filed an
application that an appeal would lie after leave of the High Court
before the High Court itself, therefore, prayer was made for
withdrawal of the criminal revision. The Criminal Revision was
permitted to be withdrawn by order dated 06.11.2019.
4. Evidently, the petitioner is victim of the crime as cheque
issued in favour of the petitioner got bounced and the petitioner
sustained loss due to act and omission of the respondent.
Therefore, an appeal before regular appellate court would be
maintainable in view of the proviso to Section 372 CrPC.
5. Learned counsel for the petitioner submits that the petitioner
was complainant of the case, therefore, complainant's appeal
against acquittal/discharge would be maintainable before this
Court only after leave.
6. After going through the provisions of Section 372 above and
the judgment of the Hon'ble Supreme Court in Mallikarjun
Kodagali Vs. State of Karnataka & Ors. reported in (2019) 2
SCC 752 it is evident that the victim has substantive right to file
appeal against judgment of acquittal, this leave to file appeal
stands disposed of as not pressed with liberty to the applicant to
file a criminal appeal before the Session Judge concerned.
[2024:RJ-JD:37634] (3 of 3) [CRLLA-497/2019]
7. If the appeal is filed within 30 days from today, the appellate
court, shall consider that the appellant was bonafidely prosecuting the
matter before this Court, while considering the prayer for condonation
of delay.
8. Lower court record be sent back.
(BIRENDRA KUMAR),J
66-nitin/-
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