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2025 DAILYLAW 32206 (RAJ)

ULHAS MAHIPATI CHAWARKAR v. STATE OF RAJASTHAN AND ANR

CRLR/1175/2017 · 2025-04-29

Ashok Kumar Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:18042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1175/2017 Ulhas Mahipati Chawarkar S/o Late Shri T.m. Chawarkar, R/o House No. 4-Z-3, Talwandi, Kota, Police Station Dadabadi, Kota Raj. ----Petitioner Versus 1. State Of Rajasthan Through Pp 2. Satyanarayan Nagar S/o Bajrang Lal, R/o 1-A-37, Mahaveer Nagar-Iiird Kota Raj. ----Respondents For Petitioner(s) : Mr. Surendra Sharma For Respondent(s) : Mr. Ravi Kumar Kasliwal Mr. Vijay Singh Yadav, PP assisted by Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/04/2025 1. Learned counsel for respondent complainant submitted that petitioner accused Ulhas Mahipati Chawarkar has expired. He also submitted that he has moved an application No.01/2025 with a copy of newspaper wherein information about obituary was published by family of petitioner accused. 2. Having considered the fact that the matter pertains to Section 138 of NI Act and instituted upon criminal complaint filed by respondent complainant and the counsel for complainant has admitted death of petitioner accused, therefore criminal proceedings against petitioner stands abated, hence same is disposed of in abatement. [2025:RJ-JP:18042] (2 of 2) [CRLR-1175/2017] 3. Considered application No.01/2025 filed for release/return of amount deposited by accused before the trial court during pendency of appeal/revision. 4. Having considered the material placed on record, it is appropriate to allow application as the trial court vide order dated 07.06.2010 has already directed payment of compensation of ₹5,10,000/- to complainant by the petitioner accused. The criminal appeal No.11/2013 was dismissed by learned Additional Sessions Judge No.5, Kota. 5. Learned trial court is directed to release the amount deposited by accused in criminal case No.447/2009 to respondent complainant. 6. Accordingly, criminal revision petition is disposed of. 7. Misc. application stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /61