High CourtsSINGLE BENCH(2017) 09 RAJ CK 0007

Salam Khan S/o Shri Khuda Bux vs The State of Rajasthan

Rajasthan High Court · Decided on 5 September 2017

HON’BLE JUDGES
Sandeep Mehta
CASE NUMBER
67 of 2017

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Judgment

26 paragraphs · 223 words
1.

The applicant complainant has approached this court by way

of the instant application preferred under Section 378 Cr.P.C.

craving leave to file an appeal against the judgment dated

30.08.2016 passed by the learned Chief Judicial Magistrate,

Jaisalmer in Criminal Regular Case No.75/2006 whereby, the

respondents accused were acquitted from the charge under

Sections 193, 196, 420 and 120-B IPC.

2.

Having heard and considered the arguments advanced by

Shri Khatri learned counsel representing the applicant complainant

and after going through the impugned judgment as well as the

record, I am of the firm opinion that the learned trial court

assigned cogent and convincing reasons for recording acquittal of

the respondent after due appreciation of evidence available on

record. The applicant complainant failed to prove by leading any

cogent trustworthy evidence that the respondents fraudulently

induced him and made him to part with any valuable security or

money or cheated him.

3.

In this background, I find no justifiable ground so as to grant

leave to the applicant complainant for filing an appeal against the

impugned judgment of acquittal dated 30.08.2016 which ex-facie

does not suffer from any shortcoming, either factual or legal,

warranting interference.

4.

Consequently, the instant leave to appeal application

preferred by the applicant complainant is hereby rejected being

devoid of merit.

5.

Record be returned to the trial court.