Disposed

Kailashchand Sharma v. State of Rajasthan and Anr.

Rajasthan HC20 Nov 2017CRLTP/41/2017

Case brief

AI extract

What is this about?

High Court orders transfer of ten cheques bouncing complaints pending in Kota to Bundi. All seventeen complaints between petitioner and respondent shall be tried separately but simultaneously by Judicial Magistrate No.1, Bundi within one year, subject to petitioner filing an undertaking against territorial jurisdiction objections.

What did the court decide?

Ten complaints pending in Kota transferred to District Bundi; all 17 complaints to be tried separately but simultaneously by Judicial Magistrate No.1, Bundi within one year.

Kailashchand Sharma Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Transfer Petition No. 41 / 2017

¶3

Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan Through P.P.

¶7

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

¶8

----Respondents

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Connected with

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S.B. Criminal Miscellaneous Transfer Petition No. 42 / 2017

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Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶12

----Petitioner

¶13

Versus

¶14

State of Rajasthan Through P.P.

¶15

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

¶16

----Respondents

¶17

S.B. Criminal Miscellaneous Transfer Petition No. 43 / 2017

¶18

Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶19

----Petitioner

¶20

Versus

¶21

State of Rajasthan Through P.P.

¶22

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

----Respondents

(2 of 5)

[CRLTP-41/2017]

S.B. Criminal Miscellaneous Transfer Petition No. 45 / 2017 Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶27

----Petitioner

¶28

Versus

¶29

State of Rajasthan Through P.P.

¶30

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

¶31

----Respondents

¶32

S.B. Criminal Miscellaneous Transfer Petition No. 46 / 2017

¶33

Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶34

----Petitioner

¶35

Versus

¶36

State of Rajasthan Through P.P.

¶37

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

¶38

----Respondents

¶39

S.B. Criminal Miscellaneous Transfer Petition No. 47 / 2017

¶40

Kailashchand Sharma S/o Late Shri Madan Gopal Sharma, Aged About 68 Years, R/o 51, Tulsi Nagar, in Front of Goshala, Sanganer, Jaipur, Raj.

¶41

----Petitioner

¶42

Versus

¶43

State of Rajasthan Through P.P.

¶44

Parth Food Bundi, Through Its Proprietor Praveen Pokera S/o Shri Rameshwar Pokera B/c Mahajan, Aged About 28 Years, R/o Vikas Nagar, Bundi, At Present R/o B-7, Gayatri Nagar, Near Bright Land School, Kota, Raj.

¶45

----Respondents

¶46

For Petitioner(s) : Mr. Sushil Pujari for

(3 of 5)

[CRLTP-41/2017]

Mr. D.P. Pujari

For Respondent(s) : Mr. Ashwani Chobisa, Special PP

¶51

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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20/11/2017

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Learned counsel for the parties are in agreement that present six petitions, on facts and law, are similar and hence, they are being decided by this common order.

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Petitioner had issued seventeen cheques, in favour of the complainant-respondent. The said cheques bounced, hence complainant filed seventeen complaints under Section 138 of the Negotiable Instruments Act. During the course of arguments, counsel for the accused-petitioner and the complainantrespondent have very fairly submitted said 17 criminal complaints have been filed against the accused-petitioner by the complainantrespondent in two different Districts i.e. Bundi and Kota. It is contended that 7 complaints have been filed at Bundi, whereas 10 complaints have been filed at Kota.

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The argument raised by counsel for the accusedpetitioner that the possibility cannot be ruled out that on the similar pleadings and the evidence, there is apprehension that contrary findings may emerge in parallel proceedings and hence may cause judicial embarrassment, has not been seriously controverted by counsel for the complainant-respondent.

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Counsel for the complainant-respondent has submitted that in case, all the 17 complaints are decided, within stipulated period he is amenable to transfer of all the complaints filed by

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(4 of 5)

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[CRLTP-41/2017]

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him, at one District.

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Counsel for the parties are in agreement that if all the complaints are tried by one court at Bundi, it will serve ends of justice.

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After hearing counsel for the parties, the present petitions are disposed of, by issuing following directions:-

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(1) That accused-petitioner shall file an application before Session Judge, Kota, giving a details of 10 complaints pending in the courts at Kota, for offence under Section 138 of Negotiable Instruments Act.

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(2) That upon filing of the application by the accused-petitioner, in above terms, 10 criminal complaints filed by the complainantrespondent under Section 138 of the Negotiable Instruments Act, at Kota shall stand transferred to District Bundi and shall stand assigned to the court of Judicial Magistrate No.1, Bundi.

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(3) The court of Judicial Magistrate No.1, Bundi, shall try all the 17 complaints between the parties for offence under Section 138 of the Negotiable Instruments Act, details of which have been given in Para 3 of the petition. All the complaints shall be tried separately but simultaneously.

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(4) The petitioner in all the complaints shall file an undertaking that he shall not raise any objection during the course of the trial or subsequently regarding the territorial jurisdiction of the court of Judicial Magistrate No.1. The transfer of the complaints shall be subject to the filing of the undertaking and the said undertaking shall be filed in the court of Judicial Magistrate No.1, Bundi.

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(5 of 5)

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[CRLTP-41/2017]

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(5) All the seventeen complaints pending between the parties shall be decided by Judicial Magistrate No.1, Bundi, within one year from the date of transfer.

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(KANWALJIT SINGH AHLUWALIA)J.

¶71

Heena

Kailashchand Sharma v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Kailashchand Sharma v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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