[2025:RJ-JP:39801] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6137/2025 Vimal Tank S/o Shri Radheyshayam Tank, Aged About 40 Years, R/o Sadar Bazar, Randhir Mohalla, Makrana, District Nagaur, Rajasthan. Second Address Vimal Tank Through Lalit Kumawat, Address, Flat No. B-1, Plot No. 16, Near Bilpatra Mahadev Mandir, New Keshav Nagar, Udaipur, Rajasthan. Commercial Address Reliance Chemotex Industries Ltd., Village Kanpur, Post Box No. 73, Udaipur. ----Petitioner Versus Mukesh Garg S/o Shri Ratan Lal Garg, R/o Plot No.65-66, Flat No. F-1, Shiv Shankar Tower, Green Park, Dadi Ka Phatak, Benad Road, Jaipur. ----Respondent For Petitioner(s) : Mr. Mohammed Anees Mr. Abhishek Bhardwaj For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/09/2025 1. Petitioner has impugned the order dated 08.07.2025 passed by the Special Judicial Magistrate (NI Act Cases), No.3, Jaipur Metropolitan-I whereby petitioner prayed to summon the Manager of SBI Bank, has been rejected. 2. Undisputedly, the cheque in question is for amount of Rs. 70 Lacs, which was dishonored by the Bank on the ground “Payment Stopped by the Drawer”. On the bottom of cheque, following seal is marked with following note “Valid Upto Rs.10 Lacs At Non-Home Branch”. Petitioner prayed to summon the Bank Manager for clarification of such note. [2025:RJ-JP:39801] (2 of 2) [CRLMP-6137/2025] 3. Learned trial Court in the order impugned has held that the assistance of Court may not be taken by the accused-petitioner to gather defence evidence. Otherwise also, considering the reason for which the cheque in question was dishonored, summoning of Bank Manager is not required, however, it is open for the petitioner to take benefit of note put on the bottom of cheque in question before the trial Court during course of arguments. 4. Counsel for petitioner after arguing for some time seeks permission to withdraw the petition with liberty to raise objection before the Judicial Magistrate. 5. Accordingly, the petition is dismissed as withdrawn. 6. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /253