[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Omprakash Joshi vs Manoj (2026:Rj-Jd:3797) on 21 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:3797]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 328/2025
1. Omprakash Joshi S/o Mohan Lal Joshi, Aged About 45
Years, R/o Vallabhpura, Nathdwara, Rajsamand
2. Govind S/o Mohan Lal Joshi, Aged About 41 Years, R/o
Vallabhpura, Nathdwara, Rajsamand
3. Mukesh S/o Mohan Lal Joshi, Aged About 43 Years, R/o
Vallabhpura, Nathdwara, Rajsamand
4. Harish S/o Mohan Lal Joshi, Aged About 36 Years, R/o
Vallabhpura, Nathdwara, Rajsamand
5. Tara Devi W/o Mohan Lal Joshi, Aged About 56 Years, R/o
Vallabhpura, Nathdwara, Rajsamand
----Appellants
Versus
1. Manoj S/o Durgashankar Sharma, R/o Sundar Colony, In
Front Of Ice Factory, Ajanta Furniture Street, Bhilwara
Road, Kankroli, Rajsmand.
2. State Of Rajasthan, Through Pp
----Respondents
For Appellant(s) : Mr. Jai Prakash Bhardwaj
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/01/2026
1. Heard on application filed under Section 5 of the Limitation
Act.
2. It is argued that the applicants were not required to be
present at every hearing before the learned Trial Court. When the
judgment was passed on 19.03.2025, their counsel did not inform
them. As such, they were under a bona fide belief that they would
be duly informed by their counsel whenever the case would be
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[2026:RJ-JD:3797] (2 of 3) [CRLLA-328/2025]
decided. The applicants are rustic villagers and are not fully aware
of the intricacies of the legal procedure involved in the case.
3. In view of the above, the application is allowed. The leave to
appeal shall be treated as filed within limitation.
4. The present application seeking leave to appeal has been
placed before this Court for consideration.
5. 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.
6. 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
questions of law or fact, or otherwise demonstrates sufficient
cause warranting appellate interference.
7. 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.
8. This Court is satisfied that the proposed challenge is neither
frivolous nor vexatious and that the issues raised deserve
consideration by the appellate Court.
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[2026:RJ-JD:3797] (3 of 3) [CRLLA-328/2025]
9. 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.
10. Opportunity of hearing shall be afforded to the respondent at
the time of hearing on the question of admission of the appeal.
11. Office is directed to proceed in accordance with law.
(FARJAND ALI),J
65-Samvedana/-
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