Citation : 2025 Latest Caselaw 12059 Raj
Judgement Date : 21 April, 2025
[2025:RJ-JD:19169]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 342/2024
Mahipal Dara S/o Shri Sahiram Dara, Aged About 42 Years, R/o
Vishwakarma Nagar, Bhadwasiya Cold Storage Ke Piche, Jodhpur.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Bhajanaram S/o Rughnathram, B/c Vishnoi, R/o Gram
Jambh Shaktinagar, Raneri, Tehsil Baap, District Jodhpur
At Present District Falodi.
----Respondents
For Appellant(s) : Mr. Roshan Lal
Mr. Divakar Sharma
For Respondent(s) : Mr. Sri Ram Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/04/2025
1. Heard on the leave to appeal application.
2. 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.
3. 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:19169] (2 of 2) [CRLLA-342/2024]
4. 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.
5. Office to proceed.
(FARJAND ALI),J 58-chhavi/-
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