Khairati Lal vs State Of Rajasthan
2022 Latest Caselaw 1580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 153/2022

Khairati Lal S/o Om Prakash, Aged About 50 Years, R/o Sabji- Mandi Road, Jalalabad, District Firozpur, Punjab.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. M/s Surendra Kumar And Company, Grain Merchant And Commission Agent, Shop No. 102, Nai Dhan Mandi, Anupgarh, District Sri Ganganagar Through Its Partner Banshi Lal S/o Milakh Raj, B/c Arora, R/o Patroda, Tehsil Anupgarh, District Sri Ganganagar (Raj.)

----Respondents

For Petitioner(s) : Mr. Ritesh Bhatnagar (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2022

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

been filed the petitioner being aggrieved with the order dated

22.10.2021 passed by the Additional Chief Judicial Magistrate,

Anoopgarh, Distt. Sri Ganganagar (for short 'the trial court'),

whereby the petitioner along with other co-accused persons have

been convicted for the offence under Section 138 of the N.I. Act

and sentenced for the same.

This Court is of the opinion that against the judgment dated

22.10.2021 passed by the trial court, the petitioner has a remedy

of filling appeal before the Appellate Court and the said conviction

order cannot be challenged by way of filing a criminal misc.

petition under Section 482 Cr.P.C.

                                                                              (2 of 2)                    [CRLMP-153/2022]



                                         In     such   circumstances,         this      criminal      misc.   petition   is

dismissed as not maintainable, however, the petitioner is free to

avail remedy of filing appeal available to him under the law.

(VIJAY BISHNOI),J 9-mohit/-

Powered by TCPDF (www.tcpdf.org)