Chandrakala Chaudhary vs Hanumanaram Mahiya ...
2025 Latest Caselaw 12167 Raj

Rajasthan High Court - Jodhpur

Chandrakala Chaudhary vs Hanumanaram Mahiya ... on 23 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

                                   [2025:RJ-JD:19655]

                                         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                                             JODHPUR
                                               S.B. Crml Leave To Appeal No. 19/2025

                                   Chandrakala Chaudhary W/o Late Shri Punamchand, Aged About
                                   48 Years, C/o Kashiram Sihag, Behind Bhairudan Ji Ke Bangla,
                                   Rani Bazar, Bikaner, Dist. Bikaner (Raj.)
                                                                                   ----Appellant
                                                                 Versus
                                   Hanumanaram Mahiya S/o Ganeshram, R/o House No. 5E 58
                                   Jainarayan Vyas Colony, Bikaner.
                                                                                ----Respondent


                                   For Appellant(s)           :    Mr. Kunal Bishnoi
                                   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 116-chhavi/-

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