Dismissed

Geeta Enterprises v. Babu Lal Meena S/O Shri Kanaram Meena

Rajasthan HC15 May 2019CRLMP/1043/2019

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Petition filed by the petitioner against the rejection of a Section 65-B application and a revision petition in a pending cheque dishonour case. The Court found the second revision not to be of exceptional nature and imposed a fine on the petitioner.

What did the court decide?

Criminal Miscellaneous Petition dismissed; Court imposed a cost of Rs. 10,000 on the petitioner.

Geeta Enterprises Vs Babu Lal Meena S/O Shri Kanaram Meena — Cheque Dishonour | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1043/2019

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Geeta Enterprises, Through Proprietor Purushottam S/o Shri Lallu Lal Jhalani B/c Mahajan, R/o House No. 193/214, Pratap Nagar, Sector No.19, Sanganer, Jaipur.

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Purushottam S/o Shri Lallu Lal Jhalani B/c Mahajan, R/o House No. 193/214, Pratap Nagar, Sector No.19, Sanganer, Jaipur.

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----Petitioners Versus

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Babu Lal Meena S/o Shri Kanaram Meena, R/o Village Samred Khurd, Post Samred Kalan, Tehsil Jamwaramgarh, District Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) :

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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15/05/2019

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Petitioners have preferred this Criminal Miscellaneous Petition aggrieved by order dated 19.11.2018 passed by Additional Sessions Judge No.15, Jaipur Metrocity, Jaipur whereby the Revision Petition filed by the petitioner was rejected and order dated 29.06.2018 passed by Special Court (N.I. Act Cases) No.15, Jaipur vide which application filed by the petitioner under Section 65-B of the Evidence Act was rejected.

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It is contended by counsel for the petitioners that petitioners produced a pen drive which was containing the recordings but the Court below rejected the application on the ground that pen drive is not supported by a certificate under Section 65-B of the

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(2 of 2)

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[CRLMP-1043/2019]

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Evidence Act and the application does not contain detail of the mobile number from which the transcript was recorded.

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I have considered the contentions. 4. The present is a cheque dishonour case which is pending since 2013 where the cheque amount is of Rs.12,00,000/(Rupees Twelve Lakh Only) and at the fag end of trial. After seeking opportunities for producing defence evidence, petitioner has moved this application. Application is not supported by a certificate under Section 65-B of Evidence Act and petitioner has already availed the remedy of Revision which stands rejected by the Revisional Court and second revision is barred under SubSection 3 of Section 397 Cr.P.C. Second revision under Section 482 Cr.P.C. can only be claimed under exceptional circumstances and present is not a case of exceptional nature so as to invoke inherent powers, I am not inclined to allow the present Criminal Miscellaneous Petition. The same is accordingly dismissed.

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This Court rather feels that such types of litigation have to be curbed where the parties for the purpose of dealing with such matters, move frivolous applications before the Court, hence, this Court imposes a cost of Rs.10,000/- (Rupees Ten Thousand Only) on the petitioner which is to be deposited with the Court below. On non deposition of the amount, Court below would be free to proceed in accordance with law.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /77

Geeta Enterprises v. Babu Lal Meena S/O Shri Kanaram Meena

Case brief

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What did the court decide?

Geeta Enterprises v. Babu Lal Meena S/O Shri Kanaram Meena

Case brief

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What did the court decide?

What the court decided

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