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2025 DAILYLAW 38964 (RAJ)

PURAN CHAND MEENA S/O SHRI MANGAL CHAND MEENA B/C MEENA v. STATE OF RAJASTHAN

CRLR/2489/2019 · 2025-05-01

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:19750] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 2489/2019 Puran Chand Meena S/o Shri Mangal Chand Meena, Aged Major, R/o B-59, Lalkothi Scheme, Laxmi Mandir Road, Jaipur Presently R/o Through Ramchandra Meena, House No. 29, Avadhpuri, Lalkothi Scheme, Jaipur Raj. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Shrawan Lal Chakradhari S/o Late Shri Chouthmal Chakradhari, R/o 1-D-135, Lalita Shastri Nagar, Jaipur Raj. ----Respondents For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/05/2025 1. The instant criminal revision petition is preferred by the petitioner-accused to challenge judgment of conviction and sentence dated 14.06.2018 in Criminal Case No.467/2013 (880/2007) passed by learned Metropolitan Magistrate No.2, Jaipur Metropolitan, Jaipur and affirmed by judgment dated 09.08.2019 in Criminal Appeal No.29/2018 passed by learned Additional Sessions Judge No.13, Jaipur Metropolitan, Jaipur. 2. After filing of this petition, the petitioner accused has filed a stay application and on 10.01.2020, a Co-ordinate Bench has directed that in case the petitioner accused deposits 20% of fine amount awarded by the Court below within a period of two weeks, [2025:RJ-JP:19750] (2 of 3) [CRLR-2489/2019] then notice be issued and no coercive steps be taken against the petitioner. 3. On 13.02.2020, notice of respondent No.2-complainant received with a report that complainant has expired on 24.01.2020. On 11.11.2022, the counsel for petitioner has sought time to take further steps and matter was directed to be listed after four weeks. 4. Again on 14.07.2023, time was sought by learned counsel for the petitioner and matter was directed to be listed after three weeks. On 06.10.2023, again the matter was listed on 09.11.2023. When matter was listed on 09.11.2023, was adjourned to 30.01.2024. On 30.01.2024, the matter was directed to be listed on 12.02.2024 and thereafter, 13.02.2024, 22.04.2024 and 03.07.2024. On 02.08.2024, again the matter was directed to be listed on 17.09.2024. 5. On 17.09.2024, the matter was adjourned to 08.11.2024 and thereafter to 03.12.2024. On 03.12.2024, again time was sought and last opportunity was granted for six weeks. 6. Again, the Office has reported that no steps were taken by the petitioner till date and now the matter is listed before this Hon’ble Court. 7. Here in this case, this petitioner was convicted under Section 138 of NI Act on a private complaint filed by complainant Shrawan Lal Chakradhari. The trial Court after conviction has imposed fine of ₹2,50,000/-. In default, the petitioner is required to undergo default sentence. An appeal preferred by the accused was dismissed. [2025:RJ-JP:19750] (3 of 3) [CRLR-2489/2019] 8. Till date, no steps were taken to implead legal heirs of deceased-respondent, who expired on 24.01.2020. The petitioner has also failed to submit receipt of deposition of 20% amount in the trial Court in pursuant to order dated 10.01.2020. 9. Learned counsel for the petitioner submits that the details of legal heirs were not made available to him so he could not file application for substitution of legal representatives of respondent- complainant. The notice of respondent-complainant was issued by this Hon’ble Court on 20.01.2020 and same was returned with the report of process server (Police Constable) wherein son of complainant Naveen has put his signature with his mobile number. Moreover, the informative card about Pagdi Rasam and other programme is also enclosed wherein not only the address but also names of members of family were mentioned. 10. It appears that the petitioner accused is deliberately not bringing the legal heirs of respondent-complainant on record. The details of family members is available on record since 06.02.2020. 11. Having considered aforesaid, no further opportunity can be granted to a negligent person who has failed to take steps to bring legal heirs of deceased respondent-complainant on record to continue the instant revision petition. 12. The instant revision petition is liable to be dismissed for non- compliance. 13. In view of aforesaid, the instant revision petition is hereby dismissed with pending application, if any. (ASHOK KUMAR JAIN),J MR/60