Doli vs State Of Rajasthan (2025:Rj-Jd:2578)
2025 Latest Caselaw 4666 Raj

Rajasthan High Court - Jodhpur

Doli vs State Of Rajasthan (2025:Rj-Jd:2578) on 15 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:2578]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 9036/2024

Doli W/o Sh. Surendra Kumar, Aged About 39 Years, Partner- M/
s Badri Prasad And Company, Add- Head Office Rokana Bhawan,
Rampura Basti, Gali No.1, Lalgarh, Bikaner, Raj. Add- Branch
Office B-57, Kaishav Nagar, Pal Road, Jodhpur, Raj.
                                                                         ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       Marudhara Enterprises, In Front Of Ummaid Hospital,
         Siwanchi         Gate,     Jodhpur,        Raj.     Through       Its   Partner
         Rameshwar Lal Rathi. Residence Add- Rameshwar Lal
         Rathi      S/o    Sh.      Sukhdev         Rathi,      (Partner    Marudhara
         Enterprises) R/o A-228, Shastri Nagar, Jodhpur.
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Poonam Chand Solanki
For Respondent(s)              :     Mr. Vikram Rajpurohit, PP



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

15/01/2025

1. Upon consideration of the submission that simply arraying of

the partners along with firm in the criminal complaint is not

sufficient to book or compel partners to face the rigor of the trial,

rather it was imperative upon the complainant to aver in the

complaint itself regarding the specific role played by the partners

in commission of the crime and further considering the submission

that only the accused No.2 Surendra Kumar was the signatory of

the cheque and who issued the cheque, therefore, the firm as well

as the person responsible for the conduct and business of the

company should only be prosecuted so also placing reliance on the

[2025:RJ-JD:2578] (2 of 2) [CRLMP-9036/2024]

judgment passed in the case of Aneeta Hada and Ors. Vs.

Godfather Travels and Tours Pvt. Ltd. And Ors., AIR 2012, SC

2795; it is deemed appropriate to interfere in the matter.

2. Issue notice to the respondents. Issue notice of stay

application also.

3. Learned Public Prosecutor is directed to accept notice on behalf of

the respondent-State. He accepts the same. Let the notice be issued to

remaining respondents.

4. Learned counsel for the petitioner is directed to file extra set

and process fees within seven days failing which, the interim

order, if any, shall stand vacated without reference to the Court.

5. List the matter on 09.04.2025.

6. In the meanwhile, further proceeding qua wife of the

accused No.2 who plays no role in the business activity, shall

remain stayed.

(FARJAND ALI),J 47-Chhavi/-

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