Jitendra Singh S/O Shri Ranjeet Singh vs Mahesh Kumar Jangam (2024:Rj-Jp:3982)
2024 Latest Caselaw 478 Raj/2

Rajasthan High Court

Jitendra Singh S/O Shri Ranjeet Singh vs Mahesh Kumar Jangam (2024:Rj-Jp:3982) on 23 January, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:3982]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 2749/2022

Jitendra Singh S/o Shri Ranjeet Singh, Resident Of 40-A, Marg
No. 11, Kumawat Colony, Khatipura Road, Jhotwara, Jaipur
(Raj).
                                                      ----Petitioner-Complainant
                                       Versus
Mahesh Kumar Jangam, Resident Of 164, Gali No. 3, Rishi Galav
Nagar, Galta Gate, Jaipur (Raj).
                                                         ----Accused-Respondent

For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

23/01/2024

This criminal miscellaneous petition under Section 482 CrPC

has been filed assailing the legality and validity of the order dated

19.12.2018 passed by the learned Special Metropolitan

Magistrate(N.I. Act Cases) No.20, Jaipur Metropolitan (for brevity

"the learned trial Court") in Case No.32/15 whereby, the complaint

filed by the petitioner has been dismissed in default and for want

of prosecution.

The relevant facts in brief are that the petitioner filed a

complaint under Section 138 of the Negotiable Instruments Act,

1881 against the respondent which was dismissed by the learned

trial Court vide order dated 19.12.2018 in absence of the

complainant as also his counsel.

Learned counsel for the petitioner submits that he may be

given one more opportunity to pursue his complaint. He,

[2024:RJ-JP:3982] (2 of 2) [CRLMP-2749/2022]

therefore, prays that this criminal miscellaneous petition be

allowed and the order dated 19.12.2018 be quashed and set

aside.

Heard. Considered.

A perusal of the order-sheets of the learned trial Court

reveals that after filing the complaint in the year 2014, the

complainant was negligent in pursuing it. Neither the complainant

nor his counsel was present in the Court on 20.08.2018

whereupon, the next date was fixed for 22.08.2018. On that date

also, none appeared for the complainant and the matter was

adjourned for 19.12.2018. On 19.12.2018 also, none appeared for

the complainant till 4:30 PM.

In view thereof, the learned trial Court dismissed the

complaint in default for non-prosecution. This Court finds no

illegality in the order dated 19.12.2018.

In view thereof, this criminal miscellaneous petition is

dismissed being devoid of merit.

(MAHENDAR KUMAR GOYAL),J

Manish/560

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