Allowed

Bagga Singh v. Neetu Kamra

Rajasthan HC1 Aug 2023CRLLA/308/2019

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur allowed condonation of 935 days delay in filing a criminal leave to appeal. It found reasonable grounds for appeal as the cheque presented was dishonoured due to signature difference and insufficient balance, permitting the appellant to prefer the appeal.

What did the court decide?

Application under Section 5 of Limitation Act allowed; delay condoned; leave to appeal granted; memo treated as appeal.

Bagga Singh Vs Neetu Kamra — Cheque Dishonour | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Crml Leave To Appeal No. 308/2019

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Bagga Singh S/o Sh. Jaswant Singh, Aged About 49 Years, B/c Jat Sikh, R/o 1 Uss, Teh. Anoopgarh And District Sri Ganganagar (Raj.)

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----Appellant

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Versus

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Neetu Kamra S/o Sh. Dayal Singh Kamra, B/c Arora, R/o W.no. 11, Behind Singh Sabha Gurudwara, Anoopgarh, Tehsil Anoopgarh, District Sriganganagar (Raj.)

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----Respondent

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For Appellant(s)	: None Present
For Respondent(s)	: Mr. Abhishek Purohit, AGA
	Mr. Rakesh Matoria

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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01/08/2023

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Heard on application under Section 5 of Limitation Act for condonation of delay, it is contended that the petitionercomplainant was not present on the date of judgment. After a long time, he got the information regarding the acquittal of the accused. 2. Considering the submission made on behalf of the applicant, the application under Section 5 of Limitation Act is allowed.

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The instant criminal leave to appeal be treated within limitation.

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The delay of 935 in filing the instant criminal leave to appeal is condoned.

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Upon perusal of the judgment impugned, it is revealing that a cheque was allegedly given by the accused-respondent to the

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(2 of 2)

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[CRLLA-308/2019]

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petitioner, which upon presentation got dishonoured with remark “ Signature Differ and Balance Insufficient ”. There seems reasonable grounds to allow the petitioner to prefer an appeal against the impugned judgment.

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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.

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Office to proceed.

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(FARJAND ALI),J

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116-divya/-

Bagga Singh v. Neetu Kamra

Case brief

What is this about?

What did the court decide?

Bagga Singh v. Neetu Kamra

Case brief

What is this about?

What did the court decide?

What the court decided

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