M/S L.R. Fuel Station Ramgarh vs Gulab Singh (2026:Rj-Jd:1850)
2026 Latest Caselaw 415 Raj

Rajasthan High Court - Jodhpur

M/S L.R. Fuel Station Ramgarh vs Gulab Singh (2026:Rj-Jd:1850) on 13 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:1850]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Crml Leave To Appeal No. 66/2025

M/s L.r. Fuel Station Ramgarh, Through Proprietor Deepti
Choudhary W/o Shri Manohar Singh, Aged About 42 Years, R/o
Ram Nagar Colony, Jaisalmer (Raj.) Through Its Power Of
Attorney Holder Mahendra Singh S/o Shri Manohar Singh, Aged
About 45 Years, R/o Silawata Para, Jaisalmer, Dist. Jaisalmer
(Raj.)
                                                                   ----Appellant
                                    Versus
Gulab Singh, Proprietor M/s Gulab Singh Jam Construction
Company Having Its Office At Jetrai Ka Bas, Post Habur, Dist.
Jaisalmer (Raj.)
                                                                 ----Respondent


For Appellant(s)          :     Mr. Manas Ranchhor Khatri
For Respondent(s)         :     Mr. Shree Ram Choudhary, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

13/01/2026

1. Matter comes upon an application under Section 5 of the

Limitation Act seeking condonation of delay.

2. For the reasons and grounds mentioned in the application,

the same is allowed.

3. The delay of 73 days in filing of the instant leave to appeal is

condoned.

4. The leave to appeal be treated within limitation.

5. In a prosecution launched by the petitioner against the

respondent for the commission of offence under Section 138 of

(Uploaded on 14/01/2026 at 04:55:36 PM)

[2026:RJ-JD:1850] (2 of 2) [CRLLA-66/2025]

the N.I. Act, the learned trial court after full-fledged trial acquitted

the accused-respondent.

6. 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 with a remark

"Funds Insufficient". There appears reasonable grounds to allow

the petitioner to prefer an appeal against the impugned judgment.

7. 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.

8. The opportunity of hearing shall be granted to the opposite

party at the time of hearing of the appeal on admission.

9. Office to proceed.

(FARJAND ALI),J 71-divya/-

(Uploaded on 14/01/2026 at 04:55:36 PM)

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