Dismissed¶19

Virendra Kumar v. State of Raj and Anr.

Rajasthan HC27 Oct 2025CRLMP/6500/2017

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What is this about?

Virendra Kumar v. State of Rajasthan & Shrikant Kalyan; Rajasthan High Court Jaipur; S.B. Criminal Miscellaneous (Petition) No.6500/2017; CRLMP-6500/2017; dismissal as withdrawn; Section 138 NI Act 1881 complaint dismissed for want of prosecution; deemed acquittal; Criminal Leave to Appeal liberty; Anand Sharma J; order dated 27/10/2025; [2025:RJ-JP:43022].

What did the court decide?

Petition dismissed as withdrawn, with liberty to the petitioner to file a fresh Criminal Leave to Appeal and liberty to counsel for the respondent to raise all legally available objections. ¶19

Virendra Kumar Vs State of Raj and Anr. — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:43022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.6500/2017

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Virendra Kumar S/o Shri Mahaveer, R/o Bishanpura, Post Chitosa, Police Station Buhana, Tehsil Buhana, District Jhunjhunu, Raj.

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----Petitioner

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Versus

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State of Rajasthan through P.P.

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Shrikant Kalyan S/o Shri Bajrang Lal Kalyan, R/o Sarmathura Vikash Colony, Nayak Basti, Piprali Road, Sikar, Tehsil And District Sikar, Raj.

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----Respondents

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For Petitioner(s)	: Mr. Abhishek B. Sharma
For Respondent(s)	: Mr. Vivek Choudhary, PP
	Mr. O.P. Jhajhria

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HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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27/10/2025

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Learned counsel for the petitioner submits that although Leave to Appeal is maintainable against impugned order dated 06.11.2017 passed by the learned Court below, whereby complaint filed by the petitioner under Section 138 Negotiable Instruments Act, 1881 (for short, 'the Act of 1881') has been dismissed for want of prosecution, which amounts to deemed acquittal of the accused, yet on account of some confusion and misunderstanding of the provisions of law, the instant criminal miscellaneous petition was filed.

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Learned counsel for the petitioner further submits that he has got instructions to withdraw the present criminal miscellaneous petition with liberty to file Criminal Leave to Appeal.

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(2 of 2) [CRLMP-6500/2017]

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[2025:RJ-JP:43022]

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Learned counsel for the respondents has got no objection in this regard.

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Accordingly, the present criminal miscellaneous petition is dismissed as withdrawn with liberty to file fresh Criminal Leave to Appeal and learned counsel for the respondent shall have liberty to raise all the objections available in the law for him.

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(ANAND SHARMA),J

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DAKSH/23

Virendra Kumar v. State of Raj and Anr.

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Virendra Kumar v. State of Raj and Anr.

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