HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Leave To Appeal No. 452/2024 Hansa Rathore Wife Of Shri Narendra Singh Rajawat, ----Appellant Versus Prahlad Singh Shekhawat Son Of Shri Raghuveer Singh Shekhawat, ----Respondent For Appellant(s) : Mr. Nirmal Solanki For Respondent(s) : Mr. Girish Khandelwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/05/2025 1. Service is complete. 2. Aggrieved from order of dismissal of complaint case no. 169/2018 on 20.04.2023 by learned Special Metropolitan Magistrate (NI Act cases) No.1, Jaipur Metropolitan-I, instant leave to appeal is preferred by appellant complainant. 3. Considered submissions of learned counsel for parties and perused the material placed on record. 4. The grounds raised by learned counsel for appellant and also mentioned in leave is sufficient to consider leave to appeal on merits, hence, leave is granted. 5. At the request of learned counsel for parties, the matter is considered on merits. 6. After considering the submissions of learned counsel for parties, it is apparent on record that on dishonor of cheque a criminal complaint was filed by appellant complainant and after evidence of complainant under Section 200 Cr.P.C., an order of (2 of 3) [CRLLA-452/2024] cognizance was passed by the trial court thereafter the respondent accused was summoned and on 25.01.2019 plea was recorded against him. When the matter was fixed for cross- examination of complainant, the case was dismissed on 20.04.2023, for non-prosecution. 7. A perusal of order-sheet dated 05.01.2023 indicate that this case was transferred to another Court, but due to clerical reason, the record was not received by said court and this matter was again listed before the learned Special Metropolitan Magistrate (NI Act cases) no.1, Jaipur Metropolitan-I on 20.04.2023, which resulted into dismissal of complaint in absence of counsel for complainant. 8. Considering the judgment of Hon’ble Supreme Court in case of Mohd. Nazim Vs. A. Venkatesh & Anr. (2002) 7 SCC 726 this Court has allowed S.B. Criminal Appeal No. 2040/2024 (Shekhar Lawas Vs. Suresh Kathat); order dated 02.05.2025). 9. We have considered material on record and we are of the view that one more opportunity is required to be granted to the complainant, therefore, it is appropriate to allow instantS.B. Criminal Appeal. 10. In view of discussion made hereinabove, instant criminal appeal is hereby allowed and impugned order dated 20.04.2023 is set aside. As a result, criminal case no. 169/2018 is restored to original number and remitted back to the trial court with direction to proceed for trial as per law. 9. The parties are directed to appear before the trial court on 09.06.2025. In case respondent accused fails to appear, then trial (3 of 3) [CRLLA-452/2024] court shall ensure that appropriate process is issued upon him to secure his presence. The trial court shall ensure that matter be decided within a period of 6 months from date of receipt of copy of this order. 10. Misc. application stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /40