IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Leave to Appeal No.429 of 2008. Prahlad Chand Sharma son of Shri Gopi Ram Sharma VERSUS M/s. Gopi Nath Nawal Kishore & Another Date of Order :::: 27/02/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Kamlesh Pareek, Counsel for the Appellant None present for the respondents By the Court : Appellant has preferred this leave to appeal against the order dated 26.07.2008 passed by the Additional Chief Judicial Magistrate (Communal Riots) Jaipur City, Jaipur, whereby the cheque given by the respondent after being dishonored a complaint under Section 138 of the Negotiable Instruments Act was submitted, which came to be dismissed after full trial. Heard learned counsel counsel for the appellant and perused the impugned order. Mainly, the argument of the learned counsel for the appellant is that looking to the status of the complainant, it was not possible for him to have lended that much amount to the accused-respondent. The accused-respondent has admitted his signature and so also the writing on the disputed cheque. The defence taken by the accused regarding the theft of the cheque has not been proved by him. Having regard to the facts and circumstances of the case and the reasons given, it is a fit case to allow this leave to appeal. The leave to appeal is granted. Admit. Appeal be registered. The memo of leave to appeal be treated as memo of appeal. Accused-respondent be summoned through a bailable warrant in the sum of Rs.25,000/- to appear before this Court. Bhanwaroo Khan, J. ashok/ sfdkjfsdksdf