Nikita Dadhewal vs State
2022 Latest Caselaw 3170 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 489/2019

Nikita Dadhewal W/o Shri Ramesh Dadhewal, Aged About 38 Years, By Caste Suthar, Resident Of 60-C, Laddha Colony, Ratanada, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dushyant Singh S/o Shri Surendra Singh Sodha, By Caste Rajput, Resident Of Airforce, Near Satimata Temple, Jodhpur.

3. Ramesh Dadhewal S/o Shri Ganesh Kumar Dadhewal, By Caste Suthar, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Respondents Connected With S.B. Criminal Misc(Pet.) No. 325/2019 Nikita Dadhewal W/o Shri Ramesh Dadhewal, Aged About 38 Years, Byc Aste Suthar, Resident Of 60-C, Laddha Colony, Ratanada, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dushyant Singh S/o Shri Surendra Singh Sodha, By Caste Rajput, Resident Of Airforce, Near Satimata Temple, Jodhpur.

3. Ramesh Dadhewal S/o Shri Ganesh Kumar Dadhewal, By Caste Suthar, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Respondents

S.B. Criminal Misc(Pet.) No. 497/2019 Nikita Dadhewal W/o Shri Ramesh Dadhewal, Aged About 38 Years, By Caste Suthar, Resident Of 60-C, Laddha Colony, Ratanada, Jodhpur.

                                                                ----Petitioner




                                        (2 of 4)                  [CRLMP-489/2019]


                                    Versus
1.     State, Through Pp

2. Dushyant Singh S/o Shri Surendra Singh Sodha, By Caste Rajput, Resident Of Airforce, Near Satimata Temple, Jodhpur.

3. Ramesh Dadhewal S/o Shri Ganesh Kumar Dadhewal, By Caste Suthar, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Respondents S.B. Criminal Misc(Pet.) No. 499/2019 Nikita Dadhewal Spouse/o Ramesh Dadhewal Suthar, Aged About 38 Years, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Petitioner Versus

1. State, Through Pp

2. Dushyant Singh S/o Surendra Singh Sodha Rajput, Airforce, Near Satimata Temple, Jodhpur.

3. Ramesh Dadhewal S/o Ganesh Kumar Dadhewal Suthar, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Respondents S.B. Criminal Misc(Pet.) No. 501/2019 Nikita Dadhewal Spouse/o Ramesh Dadhwal Suthar, Aged About 38 Years, 60-C, Laddha Colony, Ratanada, Jodhpur.

----Petitioner Versus

1. State, Through Pp

2. Dushyant Singh S/o Surendra Singh Sodha Rajput, Airforce, Near Satimata Temple, Jodhpur.

3. Ramesh Dadhewal S/o Ganesh Kumar Dadhewal Suthar, 60-C, Laddha Colony, Ratanada, Jodhpur.

                                                                ----Respondents



For Petitioner(s)         :    Mr. Himanshu Maheshwari
For Respondent(s)         :    Mr. M.S. Bhati, PP
                               Mr. Himmat Singh Shekhawat





                                           (3 of 4)                    [CRLMP-489/2019]


              HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

02/03/2022

These misc. petitions have been preferred on behalf of the

petitioners seeking quashing of the entire criminal proceedings

pending before the trial Court being Criminal Regular Case Nos.

3466/2014, 528/2016, 3494/2014, 3465/2014 and 529/2016

pending before the Court of Special Metropolitan Magistrate (N.I.

Act Cases) No -2, Jodhpur.

At the outset, learned counsel for the petitioners seeks

withdrawal of the petitions with a liberty to raise all the

grounds/submissions before the learned trial Court at the

appropriate stage and indulgence of this Court for issuance of

directions to the learned trial Court for consolidation of all five

cases with a specific direction to hear and decide the cases

through one judgment. Learned counsel, therefore, prays that all

the five cases may be tried together.

A reliance is placed upon a judgment dated 16.04.2021,

passed by Hon'ble the Supreme Court (Constitution Bench) in RE:

Expeditious Trial of Cases Under Section 138 of N.I. Act,

1881 reported in (2021) AIR (SC) 1957.

Learned counsel for the complainant-respondent does not

object to this submission.

Accordingly, these misc. petitions are disposed of with a

liberty to the petitioner to raise all his submissions/grounds before

learned trial Court.

Since the matter has arisen out of a single transaction and

cause of action for which it is alleged that five cheques were given

by the accused-petitioner to the complainant, therefore, it is

(4 of 4) [CRLMP-489/2019]

deemed appropriate to direct the learned trial Court to

consolidate/club all five cases together at this current stage and

be decided through a single judgment.

All stay petitions also stand disposed of accordingly.

(FARJAND ALI),J 69-73 Ravi Kh/-

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