Rajasthan High Court - Jodhpur
Ram Kishore Singhal vs State (2024:Rj-Jd:9769) on 26 February, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:9769] (1 of 2) [CRLMP-2640/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. (Pet.) No. 2640/2019
1. Ram Kishore Singhal S/o Late Sh. Harikishan Singhal,
Aged About 70 Years, B/c Agarwal , R/o Heritage House ,
Umed Bhawan Palace Road, Jodhpur (Raj.)
2. M/s Rajasthan Art Emporium, Heritage House , Jodhpur
----Petitioners
Versus
1. State, Through Pp
2. Shiv Narayan Vishnoi S/o Sh. G.r. Vishnoi, Aged About 68
Years, R/o Central School Scheme , Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Mr. DN Yadav
For Respondent(s) : Mr. MS Bhati, PP
For Complainant : Mr. RS Mankad
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
26/02/2024 By way of present criminal misc. petition under Section 482 Cr.P.C., the petitioners has sought the following relief:
"In the light of aforesaid averment petitioners most humbly and respectfully pray before this Hon'ble court to be pleased to call for the record of both trial court and revisional court and after hearing the petitioners allow this petition and to set aside the orders of trial court dated 26/02/2018 and revisional court dated 01/03/2019 and be pleased to quash and set aside the complaint, cognizance and trial pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the interest of justice."
Learned counsel for the petitioners submitted that the complainant did not lodge the complaint within the local/territorial jurisdiction of paying bank which amounts to violation of mandatory provisions of Section 142(2) and 142A of the (Downloaded on 27/02/2024 at 08:43:26 PM) [2024:RJ-JD:9769] (2 of 2) [CRLMP-2640/2019] Negotiable Instruments Act and thus, the orders passed by the learned trial court as well as revisional court are in violation of provisions of the N.I. Act.
Per contra, learned Public Prosecutor and learned counsel for respondent No.2 submitted that there is no illegality or perversity in the impugned orders. Learned counsel submitted that controversy involved in the case at hand is squarely covered by the judgment passed by a coordinate Bench of this Court in S.B. Criminal Misc. Petition No.2306/2019 (Ramkishore Singhal vs. State of Rajasthan & Anr.), decided on 23.05.2023 between the very same parties. Learned counsel thus prayed that the present misc. petition may be dismissed.
Having heard learned counsel for the parties at bar, this Court finds that the controversy involved in the case at hand is covered by the judgment passed by a coordinate Bench of this Court in the case of Ramkishore Singhal (supra), relied upon by the learned counsel for the respondents.
Consequently, this Court finds no illegality or perversity in the impugned orders dated 26.02.2018 and 01/03/2019 passed by the learned courts below.
Hence, the present misc. petition is hereby dismissed. Stay application also stands dismissed.
(KULDEEP MATHUR),J 522-TarunGoyal/-
(Downloaded on 27/02/2024 at 08:43:26 PM) Powered by TCPDF (www.tcpdf.org)