Upendra Singh vs Suwa Kanwar (2025:Rj-Jd:19647)
2025 Latest Caselaw 12168 Raj

Rajasthan High Court - Jodhpur

Upendra Singh vs Suwa Kanwar (2025:Rj-Jd:19647) on 23 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

                                   [2025:RJ-JD:19647]

                                        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                                                JODHPUR
                                               S.B. Crml Leave To Appeal No. 518/2024
                                   Upendra Singh S/o Hanuman Singh, Aged About 55 Years, R/o
                                   Swad Restaurant Desert Club, Near Police Line, Jaisalmer,
                                   Rajasthan.
                                                                                      ----Appellant
                                                                  Versus
                                   Suwa Kanwar W/o Chandan Singh, R/o Proprietor Maa Swangiya,
                                   Construction Engineers Works, Village Sagana Post Devi Kot,
                                   Tehsil Fatehgarh, Dist. Jaisalmer, Rajasthan.
                                                                                   ----Respondent

                                   For Appellant(s)           :    Mr. Ashok Singh
                                   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 "payment stopped by drawer". 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 113-chhavi/-

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