[2025:RJ-JP:33051] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5162/2025 HDFC Bank Limited, having its Registered Office At HDFC Bank House, Senapti Bapat Marg, Lower Parel (W), Mumbai- 400013 Through its Authorized Signatory John Rocky Brown S/o Shri Nicholas Adoo Brown Aged About 44 Years. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Smt. Saraswati W/o Shri Naresh Kumar, Resident Of New Housing Board, Kishangarh, Distt- Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Naman Yadav For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/08/2025 1. The instant criminal misc. petition under Section 528 BNSS has been filed on behalf of the accused-petitioner-HDFC Bank Ltd., through authorized signatory, Mumbai Branch, raising a grievance that while deciding the application moved by the respondent No.2- complainant under Section 497 read with Section 503 of BNSS 2023, the Court of Additional Chief Judicial Magistrate No.1, Kishangarh, Ajmer, vide its order dated 25.07.2024 has directed to hand over cash amount, allegedly deposited in several Banks, on furnishing a bond and affidavit. 2. In that order, in the list of Banks, an amount of Rs.9,50,000/- (Rs. Nine lac Fifty Thousand) and Rs.13,00,000/- (Rs. Thirteen lacs) has been ordered to be refunded by the HDFC Bank, whereas in the concerned Bank account, at present, same is showing zero balance and such amount has not been deposited therein. [2025:RJ-JP:33051] (2 of 2) [CRLMP-5162/2025] 3. It has inter alia been stated that order dated 25.07.2024 was passed by the Judicial Magistrate without extending any opportunity of hearing to the petitioner-Bank. 4. The counsel for the petitioner admits that in such eventuality, petitioner has already moved an application dated 31.07.2025 before the concerned Judicial Magistrate but his grievance is that, no appropriate orders on the application has been passed till date, rather directions for appearance of the concerned Bank Manager of Kolkata Branch have been issued. 5. Be that as it may, this Court finds that application dated 31.07.2025, moved by the petitioner-Bank, with reference to direction issued in the order dated 25.07.2024, is already pending before the Judicial Magistrate and the Judicial Magistrate is seized with the matter. Hence, at this stage, there is no reason to exercise inherent jurisdiction by the High Court under Section 528 of BNSS. 6. Counsel for the petitioner seeks permission to withdraw this petition with liberty to pursue the application dated 31.07.2025, before the concerned Judicial Magistrate. 7. In that view of the matter, the instant petition is disposed of with liberty as prayed for and it is hereby observed that the Judicial Magistrate shall expedite the hearing on application dated 31.07.2025, if so pending, and pass appropriate orders. (SUDESH BANSAL),J pcg/34