Omprakash Prajapat vs Buddharam Gurjar (2025:Rj-Jd:19652)
2025 Latest Caselaw 12164 Raj

Rajasthan High Court - Jodhpur

Omprakash Prajapat vs Buddharam Gurjar (2025:Rj-Jd:19652) on 23 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

                                   [2025:RJ-JD:19652]

                                        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                                             JODHPUR
                                               S.B. Crml Leave To Appeal No. 442/2024
                                   Omprakash Prajapat S/o Sh. Dhannaram, Aged About 46 Years,
                                   R/o 46, Vidya Mandir, Near Bangar College, Teh. And Dist. Pali,
                                   Raj.
                                                                                       ----Appellant
                                                               Versus
                                   Buddharam Gurjar S/o Sh. Puraram, R/o 768, Rajendra Nagar
                                   Extension, Bayosa Ka Thana, Teh. And Dist. Paliae, Raj.
                                                                                    ----Respondent


                                   For Appellant(s)           :    Mr. Dinesh Kumar Godara
                                   For Respondent(s)          :    -


                                                   HON'BLE MR. JUSTICE FARJAND ALI

Order

23/04/2025

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.

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 110-chhavi/-

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