Allowed

Shankar Lal Khati S/O Shri Ramswaroop v. State of Rajasthan

Rajasthan HC18 Jul 2023CRLAS/1487/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Ashok Kumar Jain allowed the criminal appeal, setting aside the order dismissing the complaint under Section 138 N.I. Act for non-prosecution due to the complainant's absence. The court restored the complaint to the trial court for fresh proceedings, stating that dismissal for non-appearance at the cognizance stage is inappropriate and inconsistent with Supreme Court law, direc

What did the court decide?

Order dated 15.05.2018 set aside; criminal complaint restored to original number; parties directed to appear before learned trial court on 07.08.2023 to proceed prior to dismissal.

Shankar Lal Khati S/O Shri Ramswaroop Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1487/2023

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Shankar Lal Khati S/o Shri Ramswaroop, Aged About 30 Years, R/o Village Dhamana, Post Moujmabad, Distt. Jaipur.

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Shri Brijmohan Jangid S/o Shri Shyonarain Jangid, R/o Plot No. S-1-B, Jagdamba Nagar, Behind Heerapura Power House, Jaipur.

¶8

----Respondents

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For Appellant(s) : Mr. Mahesh Kumar Sharma For Respondent(s) : None. Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/07/2023

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None present for the respondent despite taking up matter in round second after pass over.

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On 01.06.2023 leave was granted and notice was issued upon respondent no.2 and he was served, an appearance was put in on behalf of respondent no.2.

¶15

Present appeal is preferred aggrieved from order dated 15.05.2018 in Criminal Complaint No.3/2016 passed by learned Special Metropolitan Magistrate (N.I. Act, Cases) No.3, Jaipur Metropolitan, Jaipur whereby criminal complaint case was dismissed in absence of complainant or his counsel.

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Heard learned counsel for the appellant and learned Public Prosecutor.

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[CRLAS-1487/2023]

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(2 of 3)

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A perusal of material on record indicated that for dishonour of cheque issued by respondent no.2, a criminal complaint under Section 138 N.I. Act was filed by appellant-complainant but on 15.05.2018 at the stage of cognizance it was dismissed for nonprosecution. A perusal of order-sheets indicated that initially this complainant was filed before Special Metropolitan Magistrate (N.I. Act) No.18, Jaipur Metropolitan, Jaipur but same was transferred to Special Metropolitan Magistrate (N.I. Act) No.3, Jaipur Metropolitan, Jaipur on 08.12.2015. Thereafter, for one or the other reason no effective proceeding was conducted and ultimately complaint was dismissed. A restoration application was also filed, which was also dismissed on 09.08.2019.

¶20

Having considered the entirety of matter, I am of considered view that it is not appropriate to dismiss any criminal complaint for non appearance at the stage of cognizance. The order-sheet indicates that it was for arguments on cognizance and at that stage, if complainant was absent even then order of cognizance can be passed and can be further proceeded. In view of principle of law settled by Hon’ble Supreme Court in the case of Mohd. Azeem Vs. A. Venkatesh & Anr. reported in (2002) 7 SCC 726 , I am of considered view that non-restoration by this court will amount to harsh stand.

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Hence, present appeal is liable to be allowed and order dated 15.05.2018 is set aside. The criminal complaint is restored back to original number. The parties are directed to appear before learned trial court on 07.08.2023.

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Learned trial court is directed to proceed from the stage prior to dismissal of complaint.

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[CRLAS-1487/2023]

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(3 of 3)

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The appeal is disposed of on above terms. Misc. application, if any, stands disposed of.

¶26

(ASHOK KUMAR JAIN),J

¶27

Arun/58

Shankar Lal Khati S/O Shri Ramswaroop v. State of Rajasthan

Case brief

What is this about?

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Shankar Lal Khati S/O Shri Ramswaroop v. State of Rajasthan

Case brief

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