Ram Kishore Singhal vs State (2024:Rj-Jd:9769)
2024 Latest Caselaw 1886 Raj

Rajasthan High Court - Jodhpur

Ram Kishore Singhal vs State (2024:Rj-Jd:9769) on 26 February, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:9769]                        (1 of 2)                       [CRLMP-2640/2019]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc. (Pet.) No. 2640/2019

1.       Ram Kishore Singhal S/o Late Sh. Harikishan Singhal,
         Aged About 70 Years, B/c Agarwal , R/o Heritage House ,
         Umed Bhawan Palace Road, Jodhpur (Raj.)
2.       M/s Rajasthan Art Emporium, Heritage House , Jodhpur
                                                                         ----Petitioners
                                         Versus
1.       State, Through Pp
2.       Shiv Narayan Vishnoi S/o Sh. G.r. Vishnoi, Aged About 68
         Years, R/o Central School Scheme , Jodhpur (Raj.)
                                                                    ----Respondents


For Petitioner(s)            :        Mr. DN Yadav
For Respondent(s)            :        Mr. MS Bhati, PP
For Complainant              :        Mr. RS Mankad


            HON'BLE MR. JUSTICE KULDEEP MATHUR
                                        ORDER

26/02/2024

By way of present criminal misc. petition under Section

482 Cr.P.C., the petitioners has sought the following relief:

"In the light of aforesaid averment petitioners most humbly and respectfully pray before this Hon'ble court to be pleased to call for the record of both trial court and revisional court and after hearing the petitioners allow this petition and to set aside the orders of trial court dated 26/02/2018 and revisional court dated 01/03/2019 and be pleased to quash and set aside the complaint, cognizance and trial pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the interest of justice."

Learned counsel for the petitioners submitted that the

complainant did not lodge the complaint within the local/territorial

jurisdiction of paying bank which amounts to violation of

mandatory provisions of Section 142(2) and 142A of the

[2024:RJ-JD:9769] (2 of 2) [CRLMP-2640/2019]

Negotiable Instruments Act and thus, the orders passed by the

learned trial court as well as revisional court are in violation of

provisions of the N.I. Act.

Per contra, learned Public Prosecutor and learned counsel for

respondent No.2 submitted that there is no illegality or perversity

in the impugned orders. Learned counsel submitted that

controversy involved in the case at hand is squarely covered by

the judgment passed by a coordinate Bench of this Court in S.B.

Criminal Misc. Petition No.2306/2019 (Ramkishore Singhal

vs. State of Rajasthan & Anr.), decided on 23.05.2023 between

the very same parties. Learned counsel thus prayed that the

present misc. petition may be dismissed.

Having heard learned counsel for the parties at bar, this

Court finds that the controversy involved in the case at hand is

covered by the judgment passed by a coordinate Bench of this

Court in the case of Ramkishore Singhal (supra), relied upon

by the learned counsel for the respondents.

Consequently, this Court finds no illegality or perversity in

the impugned orders dated 26.02.2018 and 01/03/2019 passed

by the learned courts below.

Hence, the present misc. petition is hereby dismissed. Stay

application also stands dismissed.

(KULDEEP MATHUR),J 522-TarunGoyal/-

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