Disposed

Shyam Sunder Agarwal v. State of Rajasthan and Anr.

Rajasthan HC2 Sept 2014CRLMP/1385/2012

Case brief

AI extract

What is this about?

The court disposed of a miscellaneous petition challenging an order of cognizance in a cheque dishonour case. Directing the trial court to consider recent Apex Court mandates, the order mandated a detailed speaking order clarifying the status of the case before determining the outcome of the petitioner's request to deposit the cheque amount.

What did the court decide?

Direction to pass an appropriate detailed speaking order within fifteen days; stay application disposed of.

Shyam Sunder Agarwal Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2014)

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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R

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S.B. Criminal Miscellaneous Petition No.1385 of 2012 Shyam Sunder Agarwal Vs. State of Rajasthan & another

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Date of Order ::: 02.09.2014.

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Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

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Mr. Ganesh Agarwal, son of the petitioner in person Mr. Madan Lal, Assistant Director [Prosecution] for the State

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The lawyers are stated to be on indefinite strike.

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Perused the contents of the instant petition.

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The present petition has been preferred under Section 482 Cr.P.C. to assail the order dated 19.03.2010 passed

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by the Civil Judge [Junior Division] & Judicial Magistrate, Degod, District Kota, whereby Court below had taken cognizance against the petitioner for commission of offence punishable under Section 138 of the Negotiable Instruments Act.

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In the present petition, the order dated 03.03.2012 passed by the Revisional Court below has also been assailed, whereby the order of cognizance was affirmed.

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Mr. Ganesh Agarwal, son of the petitioner, appearing

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in person submitted that the petitioner is ready and willing to deposit the amount of cheque, provided petitioner is not called upon to pay the amount again in pursuance of the civil suit instituted by the daughter of the complainant.

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This Court had called for the status/progress report. The trial Court, in its communication has submitted

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that since 2012 summons issued by the trial Court ensuring presence of the petitioner have not been executed.

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After hearing the son of the petitioner, appearing in

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person, the present petition is disposed of by issuing the direction that since in the present case, the evidence of the complainant has not commenced, Judicial Magistrate 1st Class, Degod, District Kota shall follow the law recently laid down in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra and another, decided on 01.08.2014 by the Hon'ble Apex Court in Criminal Appeal No.2287/2009, after hearing all concerned. Furthermore, since it is submitted that the said cheque was issued from the bank at Sawai Madhopur and has been dishonored from there, the trial Court shall follow the mandate of law laid down in the case of Dashrath Rupsingh Rathod [supra] and pass an appropriate orders, after hearing all concerned.

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Needless to say, the order passed by the Court below shall be a detailed speaking order.

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The trial Court shall pass a detailed speaking order within a period of fifteen-days from the date of receipt/ production of certified copy of this order.

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Upon disposal of main petition, the stay application

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filed therewith does not survive and same is also disposed of.

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[ Kanwaljit Singh Ahluwalia ] J.

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ashok/Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/P.A.cum J.W.

Shyam Sunder Agarwal v. State of Rajasthan and Anr.

Case brief

What is this about?

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Shyam Sunder Agarwal v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

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