RAMKARAN SHARMA S/O LALARAM SHARMA v. RADHESHYAM SHARMA S/O LATE SHRI GOPIRAM
CRLMP/4121/2025 · 2025-07-28
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23783 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23783 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28304] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4121/2025 Ramkaran Sharma S/o Lalaram Sharma, Aged About 52 Years, R/o Village- Guwardi, Panchayat Saipura, Tehsil- Jamwaramgarh, Dist. Jaipur, Rajasthan. ----Petitioner Versus Radheshyam Sharma S/o Late Shri Gopiram, Aged About 65 Years, R/o Prem Nagar Colony, Village Saiwad, Tehsil Jamwaramgarh, Dist Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Ajay Sharma for Mr. Sunil Kumar Jain HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 28/07/2025
Learned counsel for the petitioner has submitted that without considering the issue that the State Bank of Bikaner and Jaipur seized to exist after 31.03.2018 and the validity of cheque was till the said date or at maximum 30.06.2018. Inspite of the same, on ground of insufficient funds, cognizance has been taken. Considering the facts and circumstances of the case, this Court is not inclined to interfere in the present petition as the same is filed with ambiguous facts, and this Court while exercising its jurisdiction under Section 528 of BNSS cannot conduct a mini-trial. Howsoever, petitioner is at liberty to take preliminary objection before the concerned Court, who will independently examine the issue and decide the same in accordance with law. Accordingly, present petition is dismissed. Pending applications, if any, shall stand disposed. It is made clear that no prejudice be caused to the petitioner on account of passing of the present order.
(SAMEER JAIN),J Pooja /57