Advocates:
['MK GARG', 'NIRANJAN SINGHNIRANJAN SINGH SHREEKANT VERMA', 'NIRANJAN SINGH', 'SIKANDER KHAN']

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IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

Aditya Ram Sharma @ A.R.Sharma

Vs.

Vijay Kumar

S.B. CRIMINAL LEAVE TO APPEAL NO.50/2009

S.B. Criminal Leave to Appeal

No. 50/2009 filed under Section

378(4) Cr.P.C. against the

judgment dated 19.01.2009

passed by Additional Chief

Judicial

Magistrate,

No.3

Bikaner.

Date of Judgment:

6.2.2012

HON'BLE MR. JUSTICE R.S. CHAUHAN

Mr.M.K.Garg, for the appellant.

Mr.Sikandar Khan, for the respondent.

The complainant is aggrieved by the

judgment dated 19.1.2009 passed by the Additional

Chief Judicial Magistrate, No.3 Bikaner, whereby the

learned Magistrate has acquitted the accused

respondent, Vijay Kumar for offences under Section

138 Negotiable Instrument Act read with Section 420

IPC.

Briefly the facts of the case are that

according to the complainant, Aditya Ram Sharma as

part of his post retiral benefits, he had received about

Rs. 2,25,000/-. Since Vijay Kumar was known to

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him, Vijay Kumar sought a loan for his construction

business. He had given him a loan of about Rs.

1,00,000/-. In order to r