Jabunath Joshi vs Balvinder Kaur (2025:Rj-Jd:20159)
2025 Latest Caselaw 12301 Raj

Rajasthan High Court - Jodhpur

Jabunath Joshi vs Balvinder Kaur (2025:Rj-Jd:20159) on 25 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:20159]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Crml Leave To Appeal No. 9/2025

Jabunath Joshi S/o Late Ramlal Joshi, Aged About 68 Years, R/o
Chunagaro Ka Mohalla, Brahmpuri Chouk, Bikaner, Raj.
                                                                         ----Appellant
                                         Versus
1.       Balvinder        Kaur      W/o       Chinder        Singh,     R/o   15/246,
         Muktaprasad Colony, Bikaner.
2.       State Of Rajasthan, Through Pp
                                                                      ----Respondents


For Appellant(s)               :     Mr. Jai Kishan Bhaiya
For Respondent(s)              :     Mr. Shriram Choudhary, AGA



                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 "Insufficiency of Funds" in the account of the

accused. There seems reasonable grounds to allow the

petitioner to prefer an appeal against the impugned

judgment.

2. 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 respondent was acquitted from the charges under

Section 138 of N.I. Act. There appears reasonable ground to

to allow the petitioner to prefer an appeal.

[2025:RJ-JD:20159] (2 of 2) [CRLLA-9/2025]

3. 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.

4. Office to proceed.

(FARJAND ALI),J 52-Samvedana/-

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