Dismissed

Mishrilal Suman S/O Late Shree Mohanlal Suman, v. Mohmmad Shahbaz Gauri S/O Mehboob Gori

Rajasthan HC12 May 2025CRLMP/2636/2025

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a criminal miscellaneous petition challenging an order refusing a polygraph test in a Section 138 N.I. Act case. The court held that a nine-year delay in applying for the test justified dismissal as it revealed potential misuse of the cheque. The impugned order was upheld.

What did the court decide?

The criminal miscellaneous petition was dismissed, and the order dated 24.04.2025 was upheld.

Mishrilal Suman S/O Late Shree Mohanlal Suman, Vs Mohmmad… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:19844]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2636/2025

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Mishrilal Suman S/o Late Shree Mohanlal Suman, R/o Devpura Bundi, Tehsil And District Bundi, Rajasthan.

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----Petitioner

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Versus

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Mohmmad Shahbaz Gauri S/o Mehboob Gori, R/o Chota Bazar Bundi, Tehsil And District Bundi, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Govind Choudhary, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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12/05/2025

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The petitioner has challenged the order dated 22.04.2025 passed by learned Additional Civil Judge and Judicial Magistrate No.1, Bundi, whereby the application for conducting polygraph test of the petitioner pertaining to Case No.425/2017 under Section 138 of the N.I. Act.

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It is contended by learned counsel for the petitioner that at the time of issuance of cheque, the age of the petitioner was 18 years and the petitioner was not having any source to pay the amount of Rs.9,00,000/-. It is also contended that the petitioner never took any loan from the complainant and that fact can be ascertained after conducting polygraph test. The petitioner is ready to bear the expenses of polygraph test, therefore, the order passed by the learned trial Court dated 22.04.2025 may be set aside.

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[2025:RJ-JP:19844]

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[CRLMP-2636/2025]

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Heard and perused the material available on record.

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The perusal of the order shows that complaint under Section 138 of the N.I. Act is pending against the petitioner for last 9 years, whether, the complainant misused the cheque issued by the petitioner and the petitioner was not having meaningful resource to pay the amount, is a question of fact. After a delay of 9 years, the petitioner has submitted an application for conducting his polygraph test, the delay itself is sufficient to dismiss the application, therefore, I do not find any infirmity or perversity in the order dated 24.04.2025.

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Accordingly, the instant criminal miscellaneous petition is hereby dismissed.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-44

Mishrilal Suman S/O Late Shree Mohanlal Suman, v. Mohmmad Shahbaz Gauri S/O Mehboob Gori

Case brief

What is this about?

What did the court decide?

Mishrilal Suman S/O Late Shree Mohanlal Suman, v. Mohmmad Shahbaz Gauri S/O Mehboob Gori

Case brief

What is this about?

What did the court decide?

What the court decided

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