[2025:RJ-JP:31426] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7467/2024 Ramesh Chand Pahadiya Son of Shri Prabhulal Pahadiya, Aged About 56 Years, Resident of Kherda, Motinagar, Sawai Madhopur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Smt. Munni Fatima Wife Of Late Shri Abdul Qarim Qureshi, Aged About 74 Years, Resident Of Ward No. 6, Indragarh, Police Station Indragarh, District Bundi (Rajasthan). ----Respondents For Petitioner(s) : Mr. Satya Pal Chandoliya For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/08/2025 1. By means of filing instant criminal misc. petition under Section 528 of the BNSS, a challenge has been made by the petitioner to the order dated 19.09.2024 passed by the Sessions Judge, Bundi in Criminal Appeal No. 189/2024, suspending the sentence of petitioner for offence under Section 138 of the NI Act, on deposition of 20% amount of the compensation, determined by the trial Court vide judgment dated 21.08.2024 while convicting the petitioner for such offence. 2. Undisputedly, before filing of the instant petition, petitioner has already invoked the jurisdiction of the High Court against the impugned order dated 19.09.2024 under Section 391 read with Section 401 Cr.P.C. by way of filing S.B. Criminal Revision Petition [2025:RJ-JP:31426] (2 of 2) [CRLMP-7467/2024] No. 1678/2024. In the Criminal Revision Petition, the Coordinate Bench of this Court considered the order impugned dated 19.09.2024 on merits and dismissed the revision petition as not maintainable as also on merits vide order dated 10.10.2024. 3. Office has pointed out the defect that since against the order impugned dated 19.09.2024, petitioner has already invoked the revisional jurisdiction of the High Court, this petition invoking the inherent jurisdiction of high Court is not maintainable. 4. During course of argument and in view of the fact that the order impugned dated 19.09.2024 has been examined on merits as a whole by the High Court in his Revision Petition, counsel for petitioner does not press this misc. petition and seeks permission to withdraw the same with liberty to argue appeal on merits. 5. In view of above, instant petition is disposed of with liberty as prayed for. 6. All pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /200