The High Court dismissed a criminal miscellaneous petition where the petitioner-challenger challenged the dismissal of a Section 311 Cr.P.C. application (producing documents and re-examination) during a cheque dishonour trial, finding delay and negligence attributable to the petitioner.
Criminal miscellaneous petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5548/2019
M/s Arihant Gems And Jewellers, Through Its Proprietor Shri Keval Chand Jain Son Of Shri Jawaharmal Jain, Aged About 64 Years, Resident Of Kotawala Building, Tripoliya Bazar, Nawab Saheb Ki Haveli, Police Station Manak Chowk, Jaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Rajesh Choudhary. |
|---|---|
| For Respondent(s) | : Mr. S.S. Ola,P.P. |
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
10/12/2019
(2 of 3)
[CRLMP-5548/2019]
certain documents and also for re-examination of himself. The said application was dismissed by the trial court vide order dated 29.09.2018 against which revision petition was filed by the petitioner-complainant which was also dismissed by the revisional court vide order dated 21.08.2019. Hence, this criminal misc. petition has been filed by the petitioner-complainant challenging the orders dated 29.09.2018 & 21.08.2019.
(3 of 3)
[CRLMP-5548/2019]
documents in question were very much in the knowledge of the petitioner-complainant and the petitioner-complainant himself was negligent in not submitting these documents before the court below in time.
(INDERJEET SINGH),J
MG/83
2 issues framed by the court
Whether the trial court committed illegality in dismissing the application for re-examination and production of documents under Section 311 Cr.P.C.
Whether the revisional court committed illegality in dismissing the revision petition challenging the order dismissing Section 311 Cr.P.C. application.
2 provisions across 2 enactments
M/s Arihant Gems And Jewellers, Through Its Proprietor Shri Keval Chand Jain
State Of Rajasthan
Shri Rajendra Jhalani
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
