DHANRAJ Vs. ABHAY SINGH

JUDGEMENT

(1.) In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

(2.) This criminal leave to appeal has been preferred claiming the following reliefs :- "It is, therefore, respectfully prayed that your Lordships may graciously be pleased to accept and allow this Criminal Special Leave to Appeal under Sec. 378(4) of Cr. P.C., and by treating this leave to appeal as appeal, the impugned order dtd. 27/10/2021 passed by learned trial court may kindly be set aside and the accused respondent may kindly be adequately punished for the criminal delinquency which he committed under the provision of N.I. Act, and or the matter be remanded to the trial court to proceed against the accused respondent and pass appropriate judgment according to law."

(3.) The factual matrix of case in brief is that the appellant/ complainant filed a complaint under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'Act of 1881') against respondent-accused on 22/2/2010 before the Court of Judicial Magistrate, Sumerpur, District Pali alleging inter-alia that the complainant (Firm-M/s.Trilokchand Praveen Kumar) does its business of general merchant and commission agent at New Krishi Upaj Mandi and Shri Dhanraj is the power of attorney holder of said Firm. The accused-respondent, who is a farmer, used to sell his agricultural produce to the complainant-Firm, and thus, there were business transactions between them.