Dilip Sharma v. State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 191/2018 Dilip Sharma S/o Shri Krashanmohan Sharma, By CasteBramhan, R/o- H.no. 06, Income Tax Colony, Paota C Road,Imrtiya Bera, Jodhpur Raj. ----Appellant Versus 1. State Of Rajasthan 2. Sumer Singh Parihar S/o Heeralal Parihar, R/o 302/6,Laxmi Nagar, Paota C Road, Jodhpur Raj.Laxmi Nagar, Paota C Road, Jodhpur Raj. ----Respondents For Appellant(s): None presentFor Respondent(s): Mr. A.R. Choudhary, P.P. HON'BLE MR. JUSTICE FARJAND ALI Order 16/05/2023 1.Though notices have already been directed to be issued butcould not be issued because the extra set has not been filed bythe petitioner. 2.Looking to the prayer made and the niceties of the matter,wherein, prosecution launched at the behest of the petitioner, theaccused was acquitted from the charge by the learned trial courtby giving him benefit of doubt. Upon perusal of the judgmentimpugned, it is revealing that a cheque was allegedly given by theaccused-respondent to the petitioner, which upon presentation gotdishonoured owing to insufficiency of funds in the account of theaccused. There seems reasonable and valid grounds to allow thepetitioner to prefer an appeal against the impugned judgment. 2.Accordingly, the instant application seeking leave to appeal isallowed. The memo of leave to appeal application shall be treatedand registered as an appeal. The opportunity of hearing shall begranted to the accused-respondent on the point of hearing onadmission of appeal. 3.Office to proceed. 21-AnilKC/- (FARJAND ALI),J