Smt Bhagyawati Devi vs State (2023/Rjjd/004754)
2023 Latest Caselaw 1552 Raj

[2023/RJJD/004754]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3169/2018

Smt Bhagyawati Devi W/o Kesari Chand, Aged About 58 Years, B/c Agarwal , 23 Sector No 9 Extension, Hanumangarh Junction , Distt. Hanumangarh Owner Firm Singla Udhyog.

----Petitioner Versus State of Rajasthan.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pankaj Kumar Gupta
For Respondent(s)         :     Mr. Mukhtiyar Khan, PP


           HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
                           Order

09/02/2023

      Heard learned counsel for the parties.

This present misc. petition was filed for direction to learned

Judicial Magistrate, Hanumangarh to summon cheque in Criminal

Case No.167/2015, pending before learned ACJM Padampur and

send the same to FSL for examination.

Learned counsel for the petitioner while referring the

judgments passed by this Court in S.B. Criminal Revision

Petition No.447/2005 Smt. Bhagyawati Devi Vs. Bhoj Raj &

Anr. decided on 22.03.2006 & S.B. Criminal Misc. Petition

No.494/2009 Kesari Chand Vs. State of Rajasthan decided

on 23.05.2017 submits that after the order of this Court, an

application for summoning original cheque was moved before

learned Judicial Magistrate, Hanumangarh. Despite the order of

this Court in specific terms, trial court has failed to take

cognizance of the same. He further submits that two different

applications were filed for summoning original cheque and also

[2023/RJJD/004754 (2 of 4) [CRLMP-3169/2018]

sending it for examination by expert, but trial court has not

decided these applications till now. He submits that the petitioner

is a senior citizen and waiting for justice for past several years. He

also submits that in case of any direction to decide the application

is issued to trial court then a liberty for approaching this Court

after the order of trial court would also be granted.

Aforesaid contentions were opposed by learned Public

Prosecutor on the ground that once the Court has passed the

order then it is the duty of the petitioner to press upon the relief

before trial court.

Heard and perused the record as available. The copy of the

applications has submitted today by learned counsel for the

petitioner and also copies of orders as referred in the arguments.

A copy of the applications as submitted today and also

referred above is taken on record.

The status report of the case pending before trial court is

downloaded from E-courts services portal which indicates that

since 20.01.2018, the matter is fixed for reply of application/steps

by parties. Even after five years, the matter is still pending for

reply of application or steps to taken by parties. Thus, no efforts

were made by trial court in the present matter whereas no

peremptory order to restrain was passed by any Court.

S.B. Criminal revision petition No. 447/2005 was preferred

by present petitioner against the order dated 18.03.2005 passed

by learned ACJM, SriKaranpur, District Sri Ganganagar in regular

criminal case no.106/2005 whereby the trial court took cognizance

of under Section 138 N.I. Act after hearing the parties, this Court

dismissed the revision petition and the order of cognizance under

[2023/RJJD/004754 (3 of 4) [CRLMP-3169/2018]

section 138 N.I. Act passed against the present petitioner was

confirmed.

Again Mr. Kesari Chand has preferred a misc. petition

no.494/2009 against the order dated 02.02.2009 passed by

learned Additional Session (Fast Track) No.3, Hanumangarh in

criminal revision No.142/2002 (129/2002) whereby he has upheld

the order dated 19.08.2002 passed by learned Chief Judicial

Magistrate, Hanumangarh in the case arising out of FIR

No.318/2002 of P.S. Hanumangarh Junction and FR No.277/01

whereby the learned Magistrate has rejected the application filed

by the petitioner for calling the cheque in dispute in the Court

wherein the matter arising out of FIR No.318/2002f of PS

Hanumangarh Junction is pending.

This Court while allowing the misc. petition and setting aside

the order dated 02.02.2009 and 19.08.2002 directed on

23.05.2017 to trial court to follow the precedent of law laid down

in Iqbal Singh Marwah & Anr. Vs. Meenakshi Marwah & Anr.

decided on 11.03.2002 in Appeal (crl.) No.402/2005 by

Hon'ble Apex Court and also directed the trial court that the

cheque in question shall be open for examination of the expert.

A detailed observation was also made in para no.5 of the

judgment passed by this Court in the case of Kesari Chand

(supra).

The order sheets of Learned Additional Judicial Magistrate,

Hanumangarh indicates that the order dated 23.05.2017 was

noticed well but due to adjournment as sought by learned counsel

for the complainant fixed the matter on 12.02.2018 and since

then, the matter is pending for reply and argument on application.

[2023/RJJD/004754 (4 of 4) [CRLMP-3169/2018]

A certified copy of two applications further indicates that

these were submitted before learned Judicial Magistrate in

aforesaid matter wherein a request to summon original cheque

from learned ACJM Padampur was made for examination by expert

in compliance of the order passed by this Court on 23.05.2017.

The status report downloaded from E-courts services apparently

indicates that the matter has not been proceeded for the reasons

unknown to this Court. One thing is quite clear that there was no

stay order passed by this Court in the matter for disposal of

applications in terms of the order dated 23.05.2017.

It appears that despite the specific order of this Court, no

action has been taken by trial court in terms of the para No.5 & 6

of the judgment passed in the case of Kesari Chand (supra). The

purpose of the petition will be served is a direction to the trial

court is issued promptness in the disposal of aforesaid applications

in light of the order passed by this Court.

In view of aforesaid observations, the present misc. petition

is disposed of with a direction to learned trial court to dispose of

the applications for summoning the cheque and also consideration

for examination by expert within a period of one month.

The petitioner is at liberty to approach this Court aggrieved

from any order passed by learned trial court or if learned trial

court fails to pass any order within a period of one month from the

date of receipt of certified copy of this order.

(ASHOK KUMAR JAIN),J 64-KashishS/-

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