[2025:RJ-JP:19746] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 167/2025 In S.B. Criminal Revision Petition No.1873/2017 Nilesh Gupta S/o Shri Bhonrilal Gupta, R/o House No.1706, Tikki Walon Ka Rasta, Kishanpole Bazar, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through P.P 2. Pawan Kumar Sharma S/o Bhagwan Sahai Sharma, Proprietor M/s Paan Murti Art R/o House No 548 Moti Lal Paschim Queens Road Jaipur At Present Reading At 42-A Tejaji Nagar Mahesh Nagar80Ft Road Gopalpura Byepass Jaipur Rajasthan ----Respondents For Petitioner(s) : Mr. Amit Kumar Sharma For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/05/2025 1. The instant criminal miscellaneous application is preferred by the applicant aggrieved from dismissal of S.B. Criminal Revision Petition No.1873/2017 on 14.05.2018 in pursuant to order dated 03.04.2018. 2. Learned counsel for the applicant submits that the complainant-applicant has filed a criminal case under Section 138 of NI Act and the trial Court has convicted the respondent-accused on 08.02.2013 but on an appeal filed by respondent-accused, the Appellate Court has set aside the judgment of conviction and [2025:RJ-JP:19746] (2 of 3) [CRLMA-167/2025] sentence and acquitted the respondent-accused. He submits that the petitioner-complainant has filed a revision petition No.1873/2017 and same was dismissed on 14.05.2018 on a pre- emptory order passed by this Hon’ble Court. Now he has filed a criminal miscellaneous application to restore the said revision petition. 3. Heard learned counsel for the applicant and perused the record. 4. In a case filed under Section 138 of the Act of N.I. Act, learned Metropolitan Magistrate No.12, Jaipur Metropolitan has convicted respondent accused under Section 138 of NI Act but learned Special Judge (CBI Cases) No.4, Jaipur allowed the appeal of respondent-accused and set aside the judgment of conviction and sentence. The petitioner-complainant has filed a revision petition No.1873/2017 but office has pointed out several defects and these defects were not cured despite time granted by the Court. On 03.04.2018, a pre-emptory order was passed and non- compliance resulted in dismissal of revision petition on 14.05.2018. 5. The instant criminal miscellaneous application is filed on 25.03.2025. This indicate that the petitioner-complainant is himself negligent and he deliberately delayed the proceedings. After dismissal in 2018 he move this miscellaneous application in 2025. Thus, there is another delay of seven years. 6. Having considered submission and also the negligent behaviour of the petitioner, the revision petition cannot be restored and the instant criminal miscellaneous application is liable to be dismissed. [2025:RJ-JP:19746] (3 of 3) [CRLMA-167/2025] 7. In view of aforesaid, this criminal misc. application is hereby dismissed. (ASHOK KUMAR JAIN),J MR/50