Allowed

Manish Sharma S/O Shri Bachchu Singh Sharma v. Krishan Kumar S/O Shri Anandi Lal Sharma

Rajasthan HC8 Oct 2024CRLAS/2734/2024

Case brief

AI extract

What is this about?

The High Court allowed the appeal as leave after setting aside the lower court's dismissal of the criminal complaint for want of prosecution in a cheque bouncing case. The case was restored with specific directions regarding evidence opportunities.

What did the court decide?

Order dated 28.09.2021 set aside; Criminal Appeal allowed; Case restored to original number; Trial court directed to give three opportunities to complainant for evidence.

Manish Sharma S/O Shri Bachchu Singh Sharma Vs Krishan… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:42264]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Leave To Appeal No. 178/2022

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Manish Sharma S/o Shri Bachchu Singh Sharma, Resident In Front Of Shiv Temple, Mohalla Ladiya Bagh, Kutchari Road, Police Station Shahar Kotwali Alwar (Raj)

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----Appellant

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Versus

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Krishan Kumar S/o Shri Anandi Lal Sharma, Resident Of 3/212, Kala Kua Housing Board, Police Station Aravali Vihar, Alwar Rajasthan

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----Respondent

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For Appellant(s)	: Mr.	Dharmendra Kumar for
	Mr.	Kapil Gupta
For Respondent(s)	: Mr.	Bharat Yadav

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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08/10/2024

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Aggrieved from dismissal of criminal complaint No.399/2021 on 28.09.2021, instant leave to appeal is preferred by appellant complainant.

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At this stage, with consent of learned counsel for parties, we are disposing of the matter. Heard learned counsel for parties.

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A perusal of record indicated that complainant remained absent on 21.09.2021 and thereafter the matter was posted for appropriate orders on 28.09.2021 but on said date, the complainant and his counsel again remained absent and trial court has dismissed the complaint for want of prosecution.

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A perusal of material placed on record clearly reflect that on filing of criminal complaint under Section 138 of NI Act the trial

[2024:RJ-JP:42264]

[CRLLA-178/2022]

(2 of 2)

court has passed an order of cognizance on 14.02.2019 and thereafter on 04.05.2019, plea was recorded on surrender of respondent accused. On 20.01.2021, bail bonds of respondent accused were forfeited and on 23.03.2021 again on his surrender he was released on bail. Thereafter when this matter was posted for evidence of complainant on 21.09.2021 then the complainant and his counsel remained absent which resulted into dismissal of complainant on 28.09.2021.

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Having considered the grounds raised hereinabove and also the grounds made by way of submissions, it is appropriate to allow this appeal after allowing leave.

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In view of aforesaid, leave is granted.

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Consequently, criminal appeal is hereby allowed and order dated 28.09.2021 is hereby set aside. The criminal case No. 399/2021 is restored to its original number and the trial court is directed to dispose of criminal case as early as possible but after providing only three opportunities to the complainant for leading evidence. Needless to say that unnecessary adjournment shall not be granted to any of the parties.

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The parties are directed to appear before learned trial court on 18.11.2024.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /30

Manish Sharma S/O Shri Bachchu Singh Sharma v. Krishan Kumar S/O Shri Anandi Lal Sharma

Case brief

What is this about?

What did the court decide?

Manish Sharma S/O Shri Bachchu Singh Sharma v. Krishan Kumar S/O Shri Anandi Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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