M/S Mohan Trading Agencies vs State Of Rajasthan And Anr
2022 Latest Caselaw 476 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 5142/2016

M/s Mohan Trading Agencies Near Talkies Cinema Ajmer Through
Its Proprietor Shri Hakanmal Son Of Shri Veerumal, aged about
79 years, R/o Near Shri Talkies, Ajmer.
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan Through P.p.
2.      M/s Bajrang Udhyog, 1014, Agrawal Market, Mishar Raja
        Ji Ka Rasta, Chandpole Bazar Through Single Owner Shri
        Bajrang Lal Soni,
                                                                 ----Respondents

For Petitioner(s) : Mr. Vikas Sharma through VC For Respondent(s) : Mr. Gautam Bhadadra thorugh VC For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

19/01/2022

1. Matter comes up on an application for

modification/clarification of the order dated 15.05.2017 passed by

this Court.

2. It is contended by counsel for the applicant that a cheque

dishonour complaint filed by the complainant-M/s Bajrang Udhyog

was allowed and M/s Mohan Trading Agencies was convicted under

the Negotiable Instrument Act. An appeal preferred by M/s Mohan

Trading Agencies was also dismissed by the appellate Court. It is

also contended that to avoid execution of the arrest warrants,

applicant M/s Mohan Trading Agencies approached the High Court

and the High Court vide order dated 15.05.2017 permitted the

petitioner to deposit Rs.50,000/- before the Court below and on

(2 of 2) [CRLMP-5142/2016]

deposition of the amount, it was directed that the arrest warrant

would stand cancelled.

3. It is informed by counsel that Rs.50,000/- has been

deposited but the said amount was not returned to the M/s

Bajrang Udhyog and there was no direction of the Court.

4. I have considered the contentions.

5. Since the amount was deposited, as per the direction of this

Court and as per the orders passed by the Court below, M/s

Mohan Trading Agencies was required to deposit a sum of

Rs.50,000/- and a sum of Rs.45,600/- was to be paid to M/s

Bajrang Udhyog.

6. Application for modification/clarification of the order dated

15.05.2017 is allowed. Out of the amount of Rs.50,000/-

deposited by M/s Mohan Trading Agencies, Rs.45,600/- is to be

paid to M/s Bajrang Udhyog.

(PANKAJ BHANDARI),J

ARTI SHARMA /52

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