Alekh Sharma Son of Late Shri Chetan Prakash Sharma, Vs Aditya Build Developers Private Limited

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5713/2025

Alekh Sharma Son of Late Shri Chetan Prakash Sharma, Aged About 43 Years, Resident of Aditya Residency, 163-A, Officers Campus Extension, Sirsi Road, Jaipur, Presently Residing At 16 Samuel Building, Akwa, Douala, Cameroon, Africa.

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----Petitioner

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Versus

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Aditya Build Developers Private Limited, 405, Anchor Mall, Ajmer Road, Jaipur, Through Its Managing Director Shri Aditya Srivastava, Son Of Shri Narendra Srivastava.

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----Respondent

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For Petitioner(s) : Mr. Narendra Kumar Gautam Mr. Lokesh Mishra For Respondent(s) :

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JUSTICE ANOOP KUMAR DHAND Order

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20/11/2025

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By way of filing this criminal misc. petition, a challenge has been led to the impugned order dated 11.07.2025 passed by the Court of Special Judicial Magistrate (N.I. Act Cases) No. 13, Jaipur Metropolitan-II by which the application submitted by the petitioner under Section 72(2) BNSS for conversion of arrest warrants into bailable warrants has been rejected.

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Aggrieved by the aforesaid order, a revision petition was submitted by the petitioner before the Court of Additional Sessions Judge No. 4, Jaipur Metropolitan-II, however, the same was also rejected vide order dated 22.08.2025, treating the same as not maintainable.

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Counsel submits that a complaint under Section 138 of the Negotiable Instruments Act (for short, “the N.I. Act”) was

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[CRLMP-5713/2025]

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(2 of 3)

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submitted by the complainant-respondent against the petitioner in the year 2013 and the petitioner was not aware about the aforesaid complaint as summons were never served upon him. Counsel submits that the petitioner is presently residing in Africa for last more than four-five years and behind his back, arrest warrants have been issued while the summons were never issued against him. Counsel submits that the petitioner is ready and willing to appear before the trial Court (Court of Special Judicial Magistrate) to face the trial pending against him under Section 138 of the NI Act and for that purpose, the present petition was submitted for conversion of arrest warrants into bailable warrants. 4. Considering the arguments raised by counsel for the petitioner and looking to the fact that a complaint under Section 138 of the NI Act was submitted by the complainant against the petitioner in the year 2013 wherein summons/warrants were issued to procure the presence of the petitioner but the same were never served upon the petitioner and he was declared absconder and accordingly, an order was passed by which the arrest warrants were issued. The said order was challenged before the trial Court so also before the revisional Court but to no avail. 5. Looking to the fact that the petitioner is presently residing in Africa and he was not aware about issuance of standing arrest warrants against him and also looking to the fact that now he is ready and willing to appear before the trial Court to face the trial, this Court deems it just and proper to dispose of the instant criminal misc. petition with the following conditions:-

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(i) The petitioner would appear before the trial Court

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on 19.12.2025 and in case, he submits his personal

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[CRLMP-5713/2025]

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(3 of 3)

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and surety bonds to the satisfaction of the trial Court, he would be released on bail.

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(ii) The petitioner would plant 21 shady trees in public area in the vicinity where he resides in Jaipur. The aforesaid process would be carried over by him within a period of two weeks from today and he is further directed to look after such trees either himself or through his agent.

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(iii) The petitioner would submit the photographs of such trees from time to time before the trial Court to show that the condition No. (ii) imposed by this Court has been duly complied with by him.

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The reasons for passing the present order directing the petitioner to plant 21 trees is in the interest of the public at large and for the greater public good. Planting trees as directed above, is one such initiative, which this Court considers to be appropriate, as trees, for as long as they thrive, whether for decades or centuries will continuously and silently offer numerous benefits to the city and the surrounding community. Future generations will benefit from a cleaner, fresh and oxygen-rich environment. 7. The trial Court is expected to make all possible endeavours to conclude the trial of the case, expeditiously as early as possible looking to the fact that the complaint is pending since 2013. 8. Accordingly, the present criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/25

Alekh Sharma Son of Late Shri Chetan Prakash Sharma, v. Aditya Build Developers Private Limited

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Alekh Sharma Son of Late Shri Chetan Prakash Sharma, v. Aditya Build Developers Private Limited

Case brief

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