Amit Kumar Sharma S/O Shri Kishore ... vs Ajendra Singh Khidiya S/O Omendra ...
2021 Latest Caselaw 2685 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1319/2021

Amit Kumar Sharma S/o Shri Kishore Sharan Sharma, R/o Plot
No. 14, Ganpati Nagar Benad Jaipur (Raj.) 302012
                                                                     ----Petitioner
                                   Versus
Ajendra Singh Khidiya S/o Omendra Singh Khidiya, R/o Plot No.
3, Shyam Colony, Jodla Power House, Harmada, Jaipur (Raj.)
302032.
                                                                   ----Respondent

For Petitioner(s) : Mr. Ajay Singh Tanwar, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

07/07/2021

This criminal misc. petition under Section 482 Cr.P.C. has

been filed against the order dated 28.01.2021 passed by

Metropolitan Magistrate No.5, Jaipur Metropolitan (First) in case

No.87/2019, whereby the application filed by the petitioner is

dismissed.

Learned counsel for the petitioner submits that the

respondent has filed the complaint under Section 138 of the N.I.

Act against the petitioner in which respondent has given his

statement before the trial court. In his statement, he stated that

he had taken Rs.4,80,000/- from her mother for giving to the

petitioner. Learned counsel for the petitioner further submits that

the petitioner had filed the application before the trial court for

summoning of the bank statement of the respondent's mother and

mother of the respondent in the witness-box. So, he can cross-

(2 of 2) [CRLMP-1319/2021]

examine in that issue. Trial court had wrongly rejected the

application filed by the petitioner. So, the petition filed by the

petitioner be allowed.

Learned counsel for the petitioner relied upon the judgment

passed by the Hon'ble Supreme Court in Rajaram Prasad Yadav

Vs. State of Bihar and another, reported in (2013) 14 SCC

461 and V. N. Patil Vs. K. Niranjan Kumar & Ors. in Criminal

Appeal No(s).267/2021(Arising out of SLP(Crl.)

NO(s).8965/2018) decided on 04.03.2021.

A perusal of the order impugned reveals that the trial court

had assigned cogent reasons for rejecting the application. So, the

petition filed by the petitioner is devoid of merit and liable to be

rejected.

Therefore, the criminal misc. petition is dismissed.

The stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /17

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