Dismissed

Gaurav Gandhi v. State of Rajasthan and Anr.

Rajasthan HC20 Feb 2018CRLR/1262/2016

Case brief

AI extract

What is this about?

Single Judge of HC, Jaipur dismissed the S.B. Criminal Revision filed by the petitioner-complainant in a Section 138 NI Act case. The Court held that since the Appellate Court had set aside the conviction and acquitted the accused due to lack of authority letter, and the complainant failed to adequately challenge this during the appeal, no ground for revisional interference was made out.

What did the court decide?

The appeal was dismissed; the acquittal of respondent No.2 is affirmed.

Gaurav Gandhi Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Revision No. 1262/2016.

¶4

Gaurav Gandhi Son of Shri Om Prakash Gandhi, aged about 38 years, resident of B-279, Talwandi, District Kota (Rajasthan)

¶5

Versus

¶6

State Of Rajasthan through P.P.

¶7

Pramod Pabuwal Son of Shri Hansraj Pabuwal, Proprietor Bhavya Marketing, D-157, A.C. Alankar Tower, Kabir Marg, Banipark, Jaipur.

¶8

For Petitioner(s)

¶9

For State

¶10

: Shri Ashwani Chobisa

¶11

: Shri R.R. Gurjar, P.P.

¶12

HON'BLE MRS. JUSTICE SABINA

¶13

Judgment / Order

¶14

20/2/2018

¶15

Respondent No.2 had faced trial on a complaint filed by respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘Act’). Trial Court vide judgment/order dated 6.3.2012 ordered the conviction and sentence of respondent No.2 under Section 138 of the Act. In an appeal filed by respondent No.2 Appellate Court set aside the judgment /order passed by the Trial Court and acquitted the petitioner of the charge under Section 138 of the Act. Hence, the present petition by the petitioner-complainant.

¶16

Learned counsel for the petitioner has submitted that the petitioner had been duly authorised by the proprietor of the firm to file the complaint. Hence, the Appellate Court has erred in allowing the appeal filed by respondent No.2.

¶17

Learned Appellant Court, while allowing the appeal filed by respondent No.2, has taken in consideration the fact that the proprietor of the firm Gaurav Electricals was Sulochana Gandhi. The cheque in question had been issued in favour of the firm Gaurav Electricals by respondent No.2. However, the complaint in question was filed by Gaurav Gandhi. Complainant had failed to prove on record any authority letter issued in his favour by the proprietor of the firm authorising him to file the complaint. During the pendency of the appeal, applications were filed by the petitioner to lead additional evidence with regard to relevant documents in question but the said applications were dismissed by the Appellate Court before decision of the appeal. However, the petitioner had failed to challenge the orders whereby applications filed by him to prove the power of attorney and entry made by Notary in his register, were dismissed.

¶18

Thus, in the present case, there is no authorisation letter on record to establish that the petitioner had been authorised by the proprietor of the firm to file the complaint. In these circumstances, learned Appellate Court had rightly dismissed the appeal filed by the complainant.

¶19

No ground for interference by this court, while exercising revisional jurisdiction, is made out.

¶20

Dismissed.

¶21

(SABINA)J.

¶22

Mrg./47

Gaurav Gandhi v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Gaurav Gandhi v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhoori Singh Vs Union of India and Ors.

Rahul Grover Vs State of Rajasthan through Pp

Gopal Lal and Others Vs Babu Lal and Othres

Rajesh Kumar Vs State of Rajasthan through Pp

Ramesh Vs State of Rajasthan through Pp

Santosh Kumar and Ors. Vs State of Raj and Anr.