The Jodhpur Central Co-Operative Bank ... vs Shabnam Bano (2026:Rj-Jd:29)
2026 Latest Caselaw 42 Raj

Rajasthan High Court - Jodhpur

The Jodhpur Central Co-Operative Bank ... vs Shabnam Bano (2026:Rj-Jd:29) on 5 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:29]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Crml Leave To Appeal No. 240/2025

The Jodhpur Central Co-Operative Bank Ltd., Through Shri
Yashpal Arya S/o Shri Shankar Lal, Aged 50 Years, Chief
Manager, Nai Sarak Branch, Jodhpur.
                                                                      ----Appellant
                                       Versus
Shabnam Bano W/o Shri Firoj Khan Accountant, Makkah Self
Help Group, D- Sector Kabir Nagar, Soorsagar Road, Jodhpur.
                                                                    ----Respondent


For Appellant(s)             :     None Present
For Respondent(s)            :     Mr. Shri Ram Chaudhary, PP



                  HON'BLE MR. JUSTICE FARJAND ALI

Order

05/01/2026

1. The present application seeking leave to appeal has been

placed before this Court for consideration.

2. It is trite that the grant of leave to appeal is a condition

precedent for the admission of an appeal and such leave is neither

automatic nor a matter of right, but rests within the discretionary

jurisdiction of the appellate Court. The purpose of seeking leave is

to obtain the Court's permission to assail the impugned judgment

before the appeal is formally entertained.

3. At the stage of consideration of leave, the Court is not

expected to undertake a detailed examination of the merits of the

case. The scope of scrutiny is confined to ascertaining whether the

proposed appeal discloses arguable issues, raises substantial

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[2026:RJ-JD:29] (2 of 2) [CRLLA-240/2025]

questions of law or fact, or otherwise demonstrates sufficient

cause warranting appellate interference

4. Upon perusal of the impugned judgment, it is revealed that a

cheque was allegedly issued by the accused-respondent in favour

of the petitioner, which, upon presentation, came to be

dishonoured on the ground of "Insufficiency of Funds" in the

account of the accused. From the material placed on record, this

Court finds that reasonable grounds exist to permit the appellant

to prefer an appeal against the impugned judgment.

5. This Court is satisfied that the proposed challenge is neither

frivolous nor vexatious and that the issues raised deserve

consideration by the appellate Court.

6. Accordingly, the instant application seeking leave to appeal is

allowed. The memo of leave to appeal shall be treated as an

appeal and shall be registered as such.

7. Opportunity of hearing shall be afforded to the respondent at

the time of hearing on the question of admission of the appeal.

8. Office is directed to proceed in accordance with law.

(FARJAND ALI),J 103-Mamta/-

(Uploaded on 06/01/2026 at 06:14:34 PM)

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