Dismissed

Banwari S/O Shri Kailash Chand Sharma, v. State of Rajasthan

Rajasthan HC5 Aug 2024CRLMP/473/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed under Section 482 Cr.P.C., the High Court dismissed the petitioner's application seeking condonation of delay for filing a revision. The court held the petition to be devoid of merit as no plausible reason existed for the belated filing, adding that it was done to cause delay.

What did the court decide?

Petition dismissed; petitioner ordered to pay costs of Rs. 10,000 to the complainant.

Banwari S/O Shri Kailash Chand Sharma, Vs State of… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:33246]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 473/2024

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Banwari S/o Shri Kailash Chand Sharma, R/ko Ward No. 05, Kajodi Mohalla, Kherli, Tehsil Kathumar, District Alwar (Rajasthan), Polic Station Kherli.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p. 2. Birma Devi W/o Shri Suresh Chand Sain, R/o Village And Post Saunkhar, Tehsil Kathumar, District Alwar, Rajasthan, Police Station Kherli.

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----Respondents

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For Petitioner(s)	: Mr.	Sunil Khanna
For Respondent(s)	: Mr.	Chandragupt Chopra,PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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05/08/2024

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The present criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr.P.C. against the order dated 07.10.2023 passed by the Additional Sessions Judge, Kathumar, Alwar in case No. 32/42/2023 whereby the Revisional Court rejected the application filed under Section 5 of the Limitation Act and resultantly dismissed the revision petition.

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Learned counsel for the petitioner submits that the petitioner challenged the cognizance order dated 01.02.2017 passed by the Judicial Magistrate, Kathumar, Alwar before the Court of Additional Sessions Judge, Kathumar, Alwar by way of revision petition but the Revisional Court rejected the application filed by the petitioner under Section 5 of the Limitation Act and resultantly dismissed the

[2024:RJ-JP:33246]

[CRLMP-473/2024]

(2 of 3)

revision petition. Learned counsel further submits due to unavoidable reasons, petitioner could not challenge the said cognizance order in time. So, in the interest of justice, delay in filing the revision petition be condoned and the order dated 07.10.2023 passed by the Revisional Court and the order dated 01.02.2017 passed by the trial Court be set aside.

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Learned Public Prosecutor has opposed the same.

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I have considered the arguments advanced by the petitioner and perused the impugned order.

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It is an admitted position that vide order dated 01.02.2017 passed by the trial Court cognizance under Section 138 of N.I. Act was taken against the petitioner. After that the petitioner was summoned by the trial Court continuously from 12.04.2017 to 06.04.2022 but he did not appear. On 06.08.2022, the petitioner himself surrendered before the trial Court and substance of allegations was read over to him. Thereafter, on 21.01.2023, the statement of complainant was recorded and the matter was posted for recording of statement of accused. On 20.05.2023, the statement of accused was recorded and the matter was posted for defence evidence failing which the matter was directed to be posted for final arguments. At such belated stage when the matter posted for final arguments, petitioner files the revision petition with an application under Section 5 of the Limitation Act without any plausible reason just to cause delay in the matter. So, the petition filed by the petitioner being devoid of any merit is liable to be dismissed on cost.

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So, the present petition filed by the petitioner is dismissed with cost of Rs. 10,000/- to be paid to the complainant.

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(3 of 3) [CRLMP-473/2024]

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[2024:RJ-JP:33246]

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Pending application(s), if any, stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Ritu/336

Banwari S/O Shri Kailash Chand Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Banwari S/O Shri Kailash Chand Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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