Citation : 2023 Latest Caselaw 1029 Raj/2
Judgement Date : 31 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 11142/2022
Sunil Chandulal Shah Son Of Shri Chandulal Shah,
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Dharmendra Kumar Agarwal For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
31/01/2023
Issue notice to respondent Nos. 2 and 3 through both the
processes.
Requisites be filed within ten days.
Learned Public Prosecutor accepts notice on behalf of State-
respondent No. 1.
Learned counsel for the petitioner submits that proceedings
in pursuance of impugned order be stayed as a complaint case
under Section 138 of N.I. Act is already pending for dishonour of
the same cheque which is mentioned in FIR.
Learned counsel for the petitioner relied on judgment of the
Hon'ble Supreme Court passed in G. Sagar Suri & Anr. Vs. State
of U.P & Ors. reported in AIR 2000 SC 754, prayer for interim stay
would be considered only after notice to respondent.
List the matter after service of notice.
List on 02.03.2023.
(BIRENDRA KUMAR),J
ashu /22
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