Rajasthan High Court - Jodhpur
Khiraj Ram vs Sahib Singh (2023:Rj-Jd:40109) on 22 November, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023:RJ-JD:40109]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5010/2021
Khiraj Ram S/o Shri Nihala Ram, Aged About 55 Years, B/c
Gawaria, R/o Raghunathpura, Tehsil Suratgarh, Sri Ganganagar
(Raj.)
----Petitioner
Versus
1. Sahib Singh S/o Mohan Singh, B/c Majabi Sikh, R/o
Morjand Sikhan, Sangaria, District Hanumangarh (Raj.)
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Mr. M.S. Soni
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Kuldeep Sharma
HON'BLE DR. JUSTICE NUPUR BHATI
Order
22/11/2023
1. The present misc. petition has been filed under Section 482
Cr.P.C. against the order dated 22.02.2021 passed by learned
Addl. Chief Judicial Magistrate, Sangaria, Hanumangarh.
2. Learned counsel for the petitioner submits that a complaint
was filed under Section 138 of the Negotiable Instruments Act
before the Court of the Additional Chief Judicial Magistrate,
Sangaria against the petitioner while alleging that the petitioner
had borrowed a sum of Rs. 5 lacs from the complainant and
thereafter a cheque was issued by the petitioner for the sum of
Rs. 5 lacs which was dishonoured due to insufficient balance in his
account. Learned counsel further submits that the matter was
examined by the Court below for the offence under Section 138 of
[2023:RJ-JD:40109] (2 of 3) [CRLMP-5010/2021]
NI Act and the petitioner was convicted and sentenced for one
year of simple imprisonment vide judgment and sentence dated
03.09.2019 passed by Addl. Chief Judicial Magistrate, Sangaria.
The petitioner preferred an appeal against the judgment dated
03.09.2019 before the Additional Sessions Judge, Sangaria,
Hanumangarh which was allowed vide judgment dated 05.01.2021
while acquitting the petitioner and the judgment and sentence
dated 03.09.2019 was quashed and set aside. Learned counsel
also submits that the Appellate Court had further directed that 20
per cent of the total amount of Rs.6.63 lakhs i.e. Rs.1,32,600/-
which was deposited before the trial Court be refunded to the
present petitioner. Thereafter, the requisition was issued by the
Appellate Court to the trial Court for compliance of the order dated
05.01.2021 passed by the Additional Sessions Judge, Sangaria but
the trial Court vide order dated 22.02.2021 had denied to release
the said amount in favour of the petitioner on the ground that a
Criminal Leave to Appeal No.32/2021 titled as Sahib Singh Vs.
State of Rajasthan has been filed by the complainant before the
Hon'ble High Court, Jodhpur against the acquittal of the petitioner
which is pending. Learned counsel also submits that in the said
leave to appeal the Hon'ble High Court has issued notices and
record has been called for however, no interim order has been
passed.
3. Learned Public Prosecutor submits that notices have been
served upon the respondent No.1-Sahib Singh.
4. Having regard to the facts and circumstances of the case,
this Court is of the view that vide judgment dated 05.01.2021, the
Appellate Court while acquitting the petitioner had categorically
[2023:RJ-JD:40109] (3 of 3) [CRLMP-5010/2021]
directed that the amount of Rs.1,32,600/- be released in favour of
the petitioner which has been deposited by the petitioner before
the learned Court below and in the leave to appeal preferred by
the complainant bearing No.32/2021, there is no interim order
operating in favour of the complainant, thus, the learned Court
below is directed to release the amount of Rs.1,32,600/- in favour
of the petitioner at the earliest in compliance of the order dated
05.01.2021 passed by the learned Additional Sessions Judge,
Sangaria, Hanumangarh. The impugned order dated 22.02.2021
passed by Additional Chief Judicial Magistrate, Sangaria is
quashed and set aside.
5. The present misc. petition is allowed with the aforesaid
directions. Stay petition is disposed of.
(DR. NUPUR BHATI),J
587-amit/-
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