Citation : 2024 Latest Caselaw 9355 Raj
Judgement Date : 24 October, 2024
[2024:RJ-JD:44038]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7527/2024
Amit Kumar Dave S/o Shri Prithvi Raj Dave, Aged About 40
Years, R/o Keetnod, Tehsil Pachpadra, District Barmer (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Ministry Of
Home Affairs, Government Of Rajasthan, Jaipur.
2. Ummedsingh S/o Shri Bheekhsingh, R/o Guda Malani,
District Barmer. At Present Veela, Behind Purohit
Chhatrawas, Nai Brahmpuri, Jalore, Tehsil And District
Jalore.
----Respondents
For Petitioner(s) : Mr. S.P. Sharma.
For Respondent(s) : Mr. Shri Ram Choudhary, P.P.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral) 24/10/2024
1. Petitioner/accused seeks quashing of order dated 10.09.2024
passed by the Learned Additional Chief Judicial Magistrate No.1,
Jalore, in Criminal Case No.4743/2014, pending under Section 138
of N.I. Act, for dishonour of a cheque for an amount of
Rs.2,10,000/-. Learned trial court has forfeited his bail bonds,
declared him as absconder, arrest warrant was issued against him,
initiated proceedings under Section 82 & 83 Cr.P.C. against him
and under Section 446 Cr.P.C. against his surety.
2. Heard and perused the case file as well as the order
impugned herein.
3. The nature of impugned order and reasons contained therein
is squarely covered by order/judgment of the even date rendered
in connected case of same petitioner (as herein) being Amit
Kumar Dave Vs. State of Rajasthan: S.B. Criminal Misc.
Petition No.7523/2024.
[2024:RJ-JD:44038] (2 of 2) [CRLMP-7527/2024]
4. The opinion rendered in the said case be read as part and
parcel of instant order. Resultantly, petition is allowed in same
terms. The impugned order dated 10.09.2024 is set aside. The
original bail bonds of the petitioner accused as well as bonds of his
sureties are restored subject to payment of Rs.2,000/-, as cost, to
be paid to the complainant. Trial to proceed further, in accordance
with law.
(ARUN MONGA),J 93-Sumit/-
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