Prakash vs Yadvendra Singh (2025:Rj-Jd:18727)
2025 Latest Caselaw 11534 Raj

Rajasthan High Court - Jodhpur

Prakash vs Yadvendra Singh (2025:Rj-Jd:18727) on 16 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:18727]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 478/2024

Prakash S/o Labu Ram, Aged About 35 Years, R/o Bagiyada
Tehsil Raipur Dist. Pali
                                                                   ----Appellant
                                    Versus
Yadvendra Singh S/o Lokendra Singh, R/o Bansiya Tehsil Raipur
Dist. Pali
                                                                 ----Respondent


For Appellant(s)           :    Mr. Ravindra Acharya
For Respondent(s)          :    Mr. Vikram Rajpurohit, DyGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

16/04/2025

1. The defect pointed out by the office is overlooked.

2. Heard on the application seeking condonation of delay. The

same is allowed for the reasons mentioned therein. The delay in

filing the leave to appeal is condoned.

3. Heard on the leave to appeal application.

4. In a prosecution launched by the petitioner against the

respondent for the commission of offence under Section 138 of

the N.I. Act, the learned trial court after full-fledged trial acquitted

the accused-respondent.

5. 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

reason of "funds insufficient". There appears reasonable grounds

to allow the petitioner to prefer an appeal against the impugned

judgment.

[2025:RJ-JD:18727] (2 of 2) [CRLLA-478/2024]

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.

(FARJAND ALI),J 90-Pramod/-

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