Dismissed

Amit Kumar Sharma S/O Shri Kishore Sharan Sharma v. Ajendra Singh Khidiya S/O Omendra Singh Khidiya

Rajasthan HC7 Jul 2021CRLMP/1319/2021

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition filed under Section 482 Cr.P.C. against an order rejecting a summons application in a cheque dishonour case, holding the trial court's reasons were cogent and the petition lacked merit.

What did the court decide?

The criminal miscellaneous petition and the stay application were dismissed.

Amit Kumar Sharma S/O Shri Kishore Sharan Sharma Vs… — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1319/2021

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Amit Kumar Sharma S/o Shri Kishore Sharan Sharma, R/o Plot No. 14, Ganpati Nagar Benad Jaipur (Raj.) 302012

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Versus

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Ajendra Singh Khidiya S/o Omendra Singh Khidiya, R/o Plot No. 3, Shyam Colony, Jodla Power House, Harmada, Jaipur (Raj.) 302032.

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For Petitioner(s) : Mr. Ajay Singh Tanwar, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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07/07/2021

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This criminal misc. petition under Section 482 Cr.P.C. has been filed against the order dated 28.01.2021 passed by Metropolitan Magistrate No.5, Jaipur Metropolitan (First) in case No.87/2019, whereby the application filed by the petitioner is dismissed.

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Learned counsel for the petitioner submits that the respondent has filed the complaint under Section 138 of the N.I. Act against the petitioner in which respondent has given his statement before the trial court. In his statement, he stated that he had taken Rs.4,80,000/- from her mother for giving to the petitioner. Learned counsel for the petitioner further submits that the petitioner had filed the application before the trial court for summoning of the bank statement of the respondent’s mother and mother of the respondent in the witness-box. So, he can cross-

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(2 of 2)

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[CRLMP-1319/2021]

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examine in that issue. Trial court had wrongly rejected the application filed by the petitioner. So, the petition filed by the petitioner be allowed.

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Learned counsel for the petitioner relied upon the judgment passed by the Hon’ble Supreme Court in Rajaram Prasad Yadav Vs. State of Bihar and another, reported in (2013) 14 SCC 461 and V. N. Patil Vs. K. Niranjan Kumar & Ors. in Criminal Appeal No(s).267/2021(Arising out of SLP(Crl.) NO(s).8965/2018) decided on 04.03.2021 .

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A perusal of the order impugned reveals that the trial court had assigned cogent reasons for rejecting the application. So, the petition filed by the petitioner is devoid of merit and liable to be rejected.

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Therefore, the criminal misc. petition is dismissed.

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The stay application also stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /17

Amit Kumar Sharma S/O Shri Kishore Sharan Sharma v. Ajendra Singh Khidiya S/O Omendra Singh Khidiya

Case brief

What is this about?

What did the court decide?

Amit Kumar Sharma S/O Shri Kishore Sharan Sharma v. Ajendra Singh Khidiya S/O Omendra Singh Khidiya

Case brief

What is this about?

What did the court decide?

What the court decided

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