Allowed

Purushottam Agarwal S/O Late Shri Kajodi Lal B/C Agarwal v. State of Rajasthan

Rajasthan HC19 Jul 2023CRLAS/2049/2023

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Leave to Appeal against the dismissal of a Section 138 NI Act complaint under Section 256 Cr.P.C. citing delay and procedural error. The order dated 17.07.2019 was set aside, the appeal allowed, and the matter restored for disposal within one month before the Trial Court.

What did the court decide?

The order dated 17.07.2019 is set aside; the leave to appeal is granted; the matter is restored to original number for disposal by the Trial Court within one month.

Purushottam Agarwal S/O Late Shri Kajodi Lal B/C Agarwal… — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JP:14717]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Leave To Appeal No. 511/2019

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Purushottam Agarwal S/o Late Shri Kajodi Lal, R/o Main Bazar, Gandhi Chowk, Mandawar, Tehsil Mahuwa, Distt. Dausa.

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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Sahdev Kaviya S/o Shri Deenbandhu, R/o Main Bazar, Bheekaram Ji, Jhuda Wale Makan Mandawar, Tehsil Mahwa, Distt. Dausa. At Present Teacher At Government Higher Secondary School, Jatwara, Tehsil Mahwa Distt. Dausa.

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----Respondents

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For Appellant(s)	: Mr. Ajay Singh for
	Mr. Gajanand Sharma.
For Respondent(s)	: Mr. Sahil Duseja for
	Mr. Dinesh Kala.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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19/07/2023

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The present leave to appeal is preferred aggrieved from order dated 17.07.2019 in Criminal Case No. 40/2013, whereby the Judicial Magistrate, Mahawa, District-Dausa dismissed the criminal complaint under Section 256 of Cr.P.C. want of prosecution.

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Heard learned counsels of both the parties and perused the record.

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Learned counsel for the respondent No.2 vehemently opposed the restoration on the ground that due to negligence of non-prosecution by complainant and his counsel, learned trial court had proceeded to dismiss the complaint under Section 256 Cr.P.C. and no sufficient grounds were shown by the appellant for restoration of complaint.

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Having considered the entirety of matter, the record indicates that in criminal complaint case under Section 138 of N.I. Act, the

[2023:RJ-JP:14717]

[CRLLA-511/2019]

(2 of 2)

trial was concluded 02.11.2017, thereafter, the matter was fixed for final arguments; then few applications were filed by the accused and same were disposed of on different dates by the learned Trial Court. On 17.07.2019, learned Trial Court in absence of complainant or his counsel fixed the matter for 30.07.2019 and all of sudden, recalled that order on an application of learned counsel for the accused and dismissed the complaint under Section 256 Cr.P.C.

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Having considered the judgment of Hon’ble Supreme Court in the case of Associated Cement Company Limited v. Keshvanand : (1998) 1 SCC 687 , I am of considered view that learned Trial Court has committed a serious error in interpreting Section 256 of Cr.P.C., whereby at the stage of final hearing, there was no need and necessity of complainant or his counsel and learned Trial Court ought to have disposed of the matter on merits, therefore, at this stage of leave, the matter is disposed of with grant of leave also allowing the subsequently registered appeal.

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In view of aforesaid, present appeal preferred by present appellant-complainant is allowed and the order dated 17.07.2019 is hereby by set aside. The matter is restored back to original number and the learned Trial Court is directed to disposed of the matter in another one month after receipt of copy of order. The parties are directed to appear before the learned Trial Court on 10.08.2023.

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(ASHOK KUMAR JAIN),J

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PKS/11

Purushottam Agarwal S/O Late Shri Kajodi Lal B/C Agarwal v. State of Rajasthan

Case brief

What is this about?

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Purushottam Agarwal S/O Late Shri Kajodi Lal B/C Agarwal v. State of Rajasthan

Case brief

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