Citation : 2025 Latest Caselaw 12262 Raj
Judgement Date : 25 April, 2025
[2025:RJ-JD:20158]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 27/2025
1. Narubai W/o Shri Mangilal Kumawat, Aged About 50
Years, R/o Emdi, Tehsil And District Rajsamand (Raj)
2. Mangilal S/o Shri Veniram Kumawat, Aged About 55
Years, R/o Emdi, Tehsil And District Rajsamand (Raj)
----Appellants
Versus
Leeladhar S/o Shri Meghraj Dwivedi, Partner Balaji Bioseeds,
Bhatt Khera, Via Emdi, Tehsil And District Rajsamand, Address Of
Shop Balaji Seeds Bhandar, J.k. Mod, Kankroli, Tehsil And District
Rajsamand (Raj)
----Respondent
For Appellant(s) : Mr. Dinesh Chandra Mali
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order 25/04/2025
1. 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 "Opening balance insufficient" in the account of
the accused. There seems reasonable grounds to allow the
petitioner to prefer an appeal against the impugned
judgment.
2. 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. The opportunity of
hearing shall be provided to the accused-respondent at the
time of hearing on the point of admission of appeal. As on
date, it appears after a ful-fledged trial the accused
[2025:RJ-JD:20158] (2 of 2) [CRLLA-27/2025]
respondent was acquitted from the charges under Section
138 of N.I. Act.
3. Office to proceed.
(FARJAND ALI),J 53-Samvedana/-
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