HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2160/2019 Bansal Motors Through Owner Of Firm Vimal Kumar Bansal S/o Shri Banwari Lal, Mahajan, R/o Mahwa, Tehsil Mahwa, District Dausa, Raj. ----Petitioner-Complainant Versus Rambharosi Mehra S/o Shri Shambhu Dayal Mehra, R/o Village And Post Bhejada, Police Station Todabhim, District Karauli, Raj. ----Respondent For Petitioner(s) : Mr. Laxmi Kant Sharma For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. By way of filing the present petition, a challenge has been led to the impugned order dated 20.11.2018 passed by the Court of the Additional Chief Judicial Magistrate, Mahwa, District Dausa by which an application submitted by the complainant-petitioner for restoration of the complaint/case No.160/2005 was dismissed which was filed against the order dated 28.09.2018, whereby the complaint filed by the petitioner under Section 138 of N.I. Act against the accused-respondent was dismissed in default. 2. In the considered opinion of this Court, once a complaint filed by the complainant is rejected, the accused stands acquitted, hence under these circumstances, the appeal under Section 378(4) Cr.P.C. is maintainable and the instant petition is not maintainable. (2 of 2) [CRLMP-2160/2019] 3. Accordingly, the instant petition is dismissed on this count alone, granting liberty to the petitioner to file criminal leave to appeal under Section 378(4) Cr.P.C. In case, such criminal leave to appeal is preferred by the petitioner within a period of four weeks from today along with an application under Section 14 of the Limitation Act, the same would be decided by the concerned Appellate Court, in accordance with law. 4. Stay application and all pending application(s), if any, also stand dismissed. 5. Office is directed to return the certified copy of the impugned order along with ‘vakalatnama’ to the petitioner after retaining the photocopy of the same on record. (ANOOP KUMAR DHAND),J Ashu/51