Vikram Kumar Jakhodia S/O Shri ... vs Baid Easing And Finance Company ...
2022 Latest Caselaw 5662 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7202/2022

Vikram Kumar Jakhodia S/o Shri Budhram
                                                                    ----Petitioner
                                    Versus
Baid Leasing & Finance Company Limited
                                                                  ----Respondent

For Petitioner(s) : Mr. Dharmendra Pareek for Mr. Jag Mohan Saxena For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

18/08/2022

This matter has been listed on urgent mentioning slip.

The petitioner is an accused in Complaint Case

No.7321/2018 for offence under Section 138 of the Negotiable

Instruments Act.

By the impugned order dated 24.05.2022, the opportunity to

bring defence evidence was closed by the learned trial Judge. The

said order is under challenge in this petition under Section 482

Cr.P.C. filed on 03.08.2022.

On 02.08.2022, final argument was partly heard on behalf of

the petitioner by the court below and the matter was adjourned

for 16.08.2022. On 16.08.2022, the petitioner informed to the

trial court regarding filing of this petition before this Court.

The trial court was aware that this case was to be listed on

17.08.2022 as such by order dated 16.08.2022, the trial Judge

thought it appropriate to give one more chance to the petitioner,

however, the case has been fixed for judgment on 18.08.2022.

(2 of 2) [CRLMP-7202/2022]

Since valuable right of the petitioner is under consideration

in this petition, the trial court is directed not to pass any judgment

in the case.

Call for explanation from the trial Judge as to under what

circumstance, without conclusion of the hearing, the case was

fixed for judgment.

The learned District Judge shall ensure production of list of

the cases under N.I. Act pending before the Special Metropolitan

Magistrate (NI Act Cases) No.8, Jaipur Metropolitan-II, Jaipur,

which are older than the present case.

Issue notice to the sole respondent through both processes.

Requisites be filed within ten days.

Let a copy of this order be communicated to the District

Judge, Jaipur as well as to the trial Judge immediately.

List on 30.09.2022.

(BIRENDRA KUMAR),J

Sunita/108

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