Accused in a Section 138 NI Act cheque-dishonour complaint sought summoning of the complainant's original 'bahi' recording an alleged Rs. 6 lakh loan. The Magistrate and Revisional Court refused as the 'bahi' was stated to be lost; the High Court upheld those orders and dismissed the petition.
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[2025:RJ-JP:5783]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 815/2025
Farook S/o Bhanwaru Khan Moyal, R/o Ward No. 19, Near Aladiya Kuya, Fatehpur, Tehsil Fatehpur, District Sikar, Rajasthan.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Subhash Sharma For Respondent(s) : Mr. Rishi Raj Rathore, PP
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
10/02/2025
[2025:RJ-JP:5783]
[CRLMP-815/2025]
(2 of 3)
(3 of 3)
[2025:RJ-JP:5783]
[CRLMP-815/2025]
circumstances, the dismissal of the application made by counsel for the petitioner cannot be said to be bad.
(GANESH RAM MEENA),J
GAURAV SRIVASTAVA /19
2 issues framed by the court
Whether the original 'bahi' should be summoned from the complainant under Section 91 CrPC when the complainant states it has been lost.
Whether the High Court should interfere with the orders dismissing the summoning application and the revision petition.
3 provisions across 3 enactments
Farook S/o Bhanwaru Khan Moyal
Pyarelal S/o Nemichand
State of Rajasthan
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
