Disposed

Smt. Laxmi Jain W/O Shri Dr. N.K.Jain, v. the Bank of Rajasthan Limited

Rajasthan HC5 Apr 2024CRLMP/591/2024

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Petition filed under Section 482 Cr.P.C challenged the dismissal of a recall application for a non-bailable warrant. The Court directed the petitioner to appear before the trial court by 30.04.2024 to deposit bail bonds while keeping the warrant in abeyance during that period.

What did the court decide?

Petitioner directed to appear before Special Metropolitan Magistrate on or before 30.04.2024 and submit bail bonds; warrant kept in abeyance.

Smt. Laxmi Jain W/O Shri Dr. N.K.Jain, Vs the Bank of… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:16305]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 591/2024

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Smt. Laxmi Jain W/o Shri Dr. N.k.jain, R/o Plot No. B-163, Kirti Nagar, Tonk Road, Jaipur (Rajasthan).

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----Petitioner

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Versus

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The Bank Of Rajasthan Limited, Branch D-671, Jda Colony, Malviya Ngar, Jaipur (Rajasthan). Through Branch Manager And Power Of Attorney Holder Shri O.p. Sharma.

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----Respondent

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For Petitioner(s) : Mr. Vikram Beniwal

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/04/2024

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The instant petition has been filed under Section 482 Cr.P.C assailing the order dated 19.07.2023 passed by Special Metropolitan Magistrate (N.I Act Case) No.3, Jaipur Metropolitan-II in case no. 1639/2018, whereby, application filed by the petitioner to recall the non-bailable warrant of arrest dated 04.02.2020 has been dismissed. He submits that a loan was taken by the petitioner from the respondent-Bank and a cheque was issued for the purpose of security for the said loan amount. It is submitted that cheque issued by the petitioner was presented by the bank for encashment but same could not be encashed due to insufficient funds. He submits that a complaint was filed against the petitioner for the offence under Section 138 of Negotiable Instruments Act, wherein, vide order dated 04.02.2020, standing warrant of arrest was issued to ensure the presence of the

[CRLMP-591/2024]

[2024:RJ-JP:16305]

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petitioner before the Special Metropolitan Magistrate (NI Act) No.9, Jaipur Metropolitan. Counsel submits that entire due amount has already been cleared by the petitioner. In these circumstances, proceedings before the Trial Court against the petitioner is not permissible.

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Considering the aforesaid submissions, this criminal misc. petition is disposed of with the direction that petitioner shall appear before the Special Metropolitan Magistrate (NI Act) No.9, Jaipur Metropolitan on or before 30.04.2024 and submit his bail bonds. Trial court is directed to accept the same.

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Till 30.04.2024, warrant of arrest issued against the petitioner shall be kept in abeyance. If petitioner fails to appear before the trial court on or before 30.04.2024, this order will lose its currency.

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Consequently, this criminal misc. petition stands disposed of.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /51

Smt. Laxmi Jain W/O Shri Dr. N.K.Jain, v. the Bank of Rajasthan Limited

Case brief

What is this about?

What did the court decide?

Smt. Laxmi Jain W/O Shri Dr. N.K.Jain, v. the Bank of Rajasthan Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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