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2025 DAILYLAW 20845 (RAJ)

SURENDRA JAIN S/O PRAKASH CHAND JAIN v. JAGMAL SINGH S/O PARTARAM

CRLMP/3438/2025 · 2025-07-17

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:26814] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3404/2025 Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh Nagar, Bundi Road,near Riddhi Siddhi Nagar, Kunhari Kota, District Kota , Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road,near Riddhi Siddhi Nagar,kunhari Kota, Dist. Kota, Raj. ----Petitioner Versus 1. Jagmal Singh S/o Partaram, R/o Kaali Pahari,tehsil Neemrana, Dist. Alwar (Raj). 2. The State Of Rajasthan, Through Public Prosecutor. ----Respondents Connected with S.B. Criminal Miscellaneous (Petition) No. 3416/2025 Surendra Jain S/o Prakash Chand Jain, Aged About 99 Years, R/o 17-18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, District Kota Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, Dist. Kota, Raj. ----Petitioner Versus 1. Ashok Kumar S/o Banwari Lal, R/o Village Kalipahari, Tehsil Neemrana District Alwar, Raj. 2. The State Of Rajasthan, Through Public Prosecutor. ----Respondents S.B. Criminal Miscellaneous (Petition) No. 3436/2025 Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, District Kota Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, Dist. Kota, Raj. ----Petitioner Versus 1. Firm Nishat Construction Company, H-45 Riico Indusrial Area Shahjahanpur Tehsil Neemrana Dist. Alwar, Rajasthan Through Partner Girish Kumar S/o Niranjanlal R/o Village Beejwad Chouhan, Tehsil Mundawar, Dist. Alwar (Raj). 2. The State Of Rajasthan, Through Public Prosecutor. ----Respondents S.B. Criminal Miscellaneous (Petition) No. 3437/2025 [2025:RJ-JP:26814] (2 of 3) [CRLMP-3404/2025] Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, District Kota Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, Dist. Kota, Raj. ----Petitioner Versus 1. Jagmal Singh S/o Partaram, R/o Kaali Pahari, Tehsil Neemrana, Dist. Alwar, Raj. 2. The State Of Rajasthan, Through Public Prosecutor. ----Respondents S.B. Criminal Miscellaneous (Petition) No. 3438/2025 Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, District Kota Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota, Dist. Kota, Raj. ----Petitioner Versus 1. Jagmal Singh S/o Partaram, R/o Kaali Pahari, Tehsil Neemrana, Dist. Alwar, Raj. 2. State Of Rajasthan, Through Public Prosecutor. ----Respondents For Petitioner(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma For Respondent(s) : Mr. M. S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/07/2025 The present petitions have been filed under Section 528 BNSS seeking directions for quashing the order dated 21.11.2023 passed by learned trial Court, whereby, learned trial Court has upheld the order dated 15.03.2022 passed under Section 138 Negotiable Instrument Act, 1881, whereby application filed by the [2025:RJ-JP:26814] (3 of 3) [CRLMP-3404/2025] petitioner under Sections 204, 195 r/w 340 Cr.P.C has been dismissed and application filed by complainant has been allowed for deposition of 20% cheque amount as interim compensation of Rs. 4 Lacs qua the three employees. Learned counsel for the petitioner has submitted that upon deposition of 20% amount to the complainant, who were ex- employees, nothing will be left for recovery qua the fraud committed by the ex-employees. Considering the foregoing facts and circumstances of the case, this Court has noted that under the provisions of Section 143A of NI Act, mechanism qua recovery are specified. Therefore, this Court is not inclined to interfere with the impugned orders. Howsoever, it is made clear that petitioner is at liberty to file an appropriate application seeking directions for securing interim compensation amount, if petitioner succeeds in the present matters, and concerned Court is directed to pass appropriate orders, in accordance with law, if they deems it appropriate. In above terms, present petitions are disposed of. It is made clear that no prejudice be caused to either of the parties on account of the present order. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /32,35-38