High CourtsSingle Bench(2023) 04 RAJ CK 0089

Ashok Kumar vs Ajay Kumar Malhotra

Rajasthan High Court · Decided on 25 April 2023

HON’BLE JUDGES
Farjand Ali, J
RESULT
Allowed
CASE NUMBER
Criminal Leave To Appeal No. 41 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 183 words

Farjand Ali, J

1.

The instant application seeking leave to appeal is barred by limitation from 29 days. An application under Section 5 of the Limitation Act has been filed seeking condonation of delay, which is accepted for the reasons mentioned. The delay occasioned in filing the appeal is condoned.

2.

Heard.

3.

Upon perusal of the judgment impugned, it is revealing that a cheque was allegedly given by the accused-respondent to the applicant, which upon presentation got dishonoured owing to reason of insufficient funds in the account of the respondent. The complainant gave notice to the respondent within the prescribed period, which was not responded. Thereafter he filed a complaint under Section 138 of the N.I. Act. Upon culmination of the trial, learned trial court acquitted the respondent-accused from the charge by giving benefit of doubt. There appears reasonable grounds to allow the applicant to prefer an appeal against the impugned judgment.

4.

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.

5.

Office to proceed.