Dismissed

M/S Prakash Fruit Company Nagar v. Punjab National Bank, Branch Nagar District Bharatpur

Rajasthan HC9 Oct 2025CRLMP/4699/2019

Case brief

AI extract

What is this about?

Petition challenged cognizance of a Section 138 NI Act offence and process issued by the Magistrate. The court held the petitioner gave no justification for bypassing revision under Section 397 Cr.P.C., Section 482 relief being only an extra remedy, and dismissed the petition without commenting on merits.

What the court decided

AI extract

M/S Prakash Fruit Company Nagar Vs Punjab National Bank… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:41061]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4699/2019

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M/s Prakash Fruit Company Nagar, Aged About 43 Years, District Bharatpur, Single Proprietor Prakash Chand, Aged About 43 Years, S/o Ramkhiladi, R/o Chamad Mohalla, House No.81, Town Nagar, Tehsil Nagar, District Bharatpur.

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----Petitioner

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Versus

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Punjab National Bank, Branch Nagar District Bharatpur, Through Presently Branch Manager Jaswant Kumar Nainpuriya.

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----Respondent

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For Petitioner(s)	: Mr. Anurag Chouhan with
	Ms. Shweta Saini for
	Mr. Mukesh Pal Jadoun
For Respondent(s)	: Mr. Vivek Sharma, PP

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HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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09/10/2025

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In the instant criminal miscellaneous petition, the petitioner has challenged order dated 02.03.2019 passed by the Additional Chief Judicial Magistrate No.1, Nagar District Bharatpur in Criminal Complaint No.82/19, whereby cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 has been taken, and process have been issued against the petitioner.

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Learned Public Prosecutor at the threshold raised a preliminary objection that order of taking cognizance is a final order against which, revision petition under Section 397 Cr.P.C. was maintainable; however, bypassing the alternative remedy, the petitioner has directly approached this Court by way of filing criminal misc. petition under Section 482 Cr.P.C., which is not

[2025:RJ-JP:41061]

[CRLMP-4699/2019]

(2 of 2)

maintainable. He has also objected that after order dated 02.03.2019, since there was no stay in the instant criminal misc. petition, hence, the trial must have proceeded further substantially.

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Heard and considered.

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Perused the criminal misc. petition also. However, any comments over the points raised by the petitioner, which are otherwise liable to be proved through evidence, would adversely affect the trial before the trial Court, hence, this Court restrains itself from making any comments over the merits of the case.

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No justification whatsoever has been given by the petitioner for not approaching the Court of Sessions Judge for filing revision petition under Section 397 Cr.P.C. A remedy under Section 482 Cr.P.C. is an extra remedy and can be availed only under circumstances, where there is no provision even under the Code for remedying the grievances of the concerned person.

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In view of above, the instant criminal misc. petition is hereby dismissed.

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(ANAND SHARMA),J

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DIVYA /4

M/S Prakash Fruit Company Nagar v. Punjab National Bank, Branch Nagar District Bharatpur

Case brief

What is this about?

What the court decided

M/S Prakash Fruit Company Nagar v. Punjab National Bank, Branch Nagar District Bharatpur

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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