HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Leave To Appeal No. 609/2018 Luxture Surface Coating Pvt Ltd ----Appellant Versus Jashwant Saini Authorized Signatory ----Respondent For Appellant(s) : Mr. Saurabh Vaishnav For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/05/2025 1. Service complete. 2. None present for respondent. 3. Aggrieved from order dated 04.04.2018 in Criminal Case No. 305/2014 passed by learned Judicial Magistrate No.5, Ajmer, instant leave to appeal is preferred by appellant-complainant. 4. Office has pointed out a delay of 170 days and to substantiate the reasons of delay, an application under Section 5 of Limitation Act is filed. 5. Having considered the submission of learned counsel for appellant and also considering the grounds as raised in application, the application for condonation of delay is allowed and delay is condoned. 6. Application stands disposed of. 7. A complaint under Section 138 of NI Act was dismissed in default (non-prosecution) on 04.04.2018 when neither of the complainant or his counsel were present before the Trial Court and the Trial Court due to non-prosecution has dismissed the (2 of 3) [CRLLA-609/2018] complaint case. It appears that accused was not served. Though, order of cognizance was passed on 03.04.2014. 8. Having considered the submission, leave is granted. 9. A perusal of material on record indicate that for dishonour of a cheque, a criminal complaint under Section 138 of NI Act was filed before the Trial Court and on 03.04.2014 order of cognizance was passed. Since then the matter was fixed for service upon respondent-accused and on 04.04.2018 when the counsel for complainant remained absent the matter was dismissed for non- prosecution. 10. This Court while considering the judgment in case of Mohd. Azeem Vs. A. Venkatesh & Anr. (2002) 7 SCC 726 has allowed the criminal appeal filed aggrieved from dismissal of complaint case under Section 256 of Cr.P.C. Herein, this case as well, there was no necessity of complainant to remain present before the Trial Court on 04.04.2018. As the case was fixed only for securing the attendance of respondent-accused. 11. Having considered the grounds as mentioned by learned counsel for appellant and also his assurance to continue to pursue the matter in future, it is appropriate to allow instant criminal appeal and grant one more opportunity after restoration of criminal complaint case. 12. In view of aforesaid, instant criminal appeal is hereby allowed and order dated 04.04.2018 is set aside. Learned Trial Court is directed to restore criminal case No.305/2014 and to proceed in the matter from the stage, where it was dismissed. 13. The parties are directed to appear before the Trial Court on 09.06.2025. (3 of 3) [CRLLA-609/2018] 14. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /21