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2025 DAILYLAW 34312 (RAJ)

ANITA GOYAL WIFE OF YESHWANT GOYAL v. DHARMCHAND CHATAR SON OF SURAJMAL CHATAR

CRLMP/8527/2024 · 2025-01-17

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8527/2024 Anita Goyal wife of Yeshwant Goyal, Aged About 39 Years, Resident of In Front of Hero Honda Agency, Bypsass Road, Aklera, Police Station Aklera, District Jhalawar (Rajasthan) ----Petitioner Versus Dharmchand Chatar son of Surajmal Chatar, Aged About 54 Years, Resident Of 11, Shubham Homes Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Rajasthan) ----Respondent For Petitioner(s) : Mr. Mayank Kumar Choudhary For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 17/01/2025 1. By way of filing of this petition, the a challenge has been led to the impugned order dated 22.04.2010 passed by the Additional Chief Judicial Magistrate, Jhalawar, by which cognizance has been taken against the petitioner under Section 138 of the Negotiable Instruments Act. 2. Admittedly, the order of taking cognizance is a final order and the same is revisable under Section 397 Cr.P.C., but without availing said remedy, the petitioner has straightaway approached this Court by way of filing of this petition under Section 528 of BNSS. 3. In the considered opinion of this Court when alternative remedy of filing revision petition under Section 397 Cr.P.C. is (2 of 2) [CRLMP-8527/2024] available with the petitioner, he cannot be allowed to bypass the jurisdiction of the Revisional Authority. 3. In view of the above, the instant criminal misc. petition stands disposed of granting liberty to the petitioner to file revision petition before the Revisional Court. 4. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/22