Rajasthan High Court - Jodhpur
Rajasthan State Mines And Minerals ... vs Shree Acids And Chemicals Limited on 1 December, 2021
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Leave To Appeal No. 51/2019
Rajasthan State Mines And Minerals Limited, (A Govt Of Raj
Undertaking) (Cin-U1409Rj1949Sgc000505) Regd Office C-89/90
Lal Kothi Scheme, Jaipur-302015 Corporate Office RSMML, 4,
Meera Marg, Udaipur 313001
----Appellant
Versus
1. Shree Acids And Chemicals Limited, Regd Office Delhi
Cold Storage Building, 15, New Subzi Mandi, Azadpur,
Delhi-110033.
2. Ravi Mittal S/o Lt Sk Mittal, 8 Kripa Narain Marg, Civil
Lines, Delhi.
----Respondents
For Appellant(s) : Mr. Sunil Purohit
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 01/12/2021 The instant leave to appeal has been filed under Section 378 (4) Cr.P.C. against the judgment dated 23.07.2018, whereby learned Special Judge No.1, N.I. Act Cases, Udaipur in Criminal Case No. 301/2012 (391/11) (116/2004) acquitted the accused respondents from offences under Section 138 of Negotiable Instruments Act, 1881.
Heard learned counsel for the appellant on reply to the office objection and perused the impugned judgment.
In view of provisions of Section 378(5) Cr.P.C, in the present case limitation period is six months and not sixty days. Hence office objection is over ruled.
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(2 of 2) [CRLLA-51/2019] Respondent Nos. 1 & 2 are not present after service of notice.
Heard learned counsel for the appellant. Having heard learned counsel for the appellant, this court finds that appellant has available to him the ground to assail impugned judgment of acquittal passed by the learned trial court.
Accordingly, the leave to appeal is granted. The memo of leave to appeal be treated as appeal. Issue notice of appeal to respondent Nos.1 & 2, returnable within 4 weeks.
(RAMESHWAR VYAS),J 74-rahul arya/-
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