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2025 DAILYLAW 40340 (RAJ)

M/S PRUFEX PACKEGING PRIVATE LIMITED v. BALAJI ENTERPRISES

CRLMP/6747/2025 · 2025-11-26

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:47970] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6747/2025 M/s Prufex Packeging Private Limited, Through Director Authorized Representative Dayaram Bhidhuri, Resident Of J 1042, Riico Industrial Area, Bhiwadi Tehsil Tijara District Alwar. ----Petitioner Versus Balaji Enterprises, Through Proprietor Ishwar Goyal S/o Dwarka Prasad, 1/1977 A, Ramnagar Modern Shahdra Delhi - 110032. ----Respondent For Petitioner(s) : Mr.Raj Kumar Kasana For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 26/11/2025 1. A limited prayer and purpose, the petitioner has approached this Court by way of filing this criminal misc. petition for seeking directions to the Additional Sessions Judge, Bhiwadi (for short, ‘the Appellate Court) to decide the appeal filed by the respondent expeditiously within time frame. 2. Learned counsel for the petitioner submits that the petitioner has filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the accused-respondent before the Court of Judicial Magistrate Bhiwadi, District Alwar, wherein after the trial, he was found guilty vide judgment dated 19.12.2019 and was punished with imprisonment of three months with fine of Rs.7,50,000/-. [2025:RJ-JP:47970] (2 of 2) [CRLMP-6747/2025] 4. Counsel submits that aggrieved by the aforesaid order, the accused-respondent has preferred an appeal before the Court of Additional Sessions Judge, Bhiwadi wherein vide order dated 27.01.2020, the sentence has been suspended, however, after passing of almost five years, till date, the appeal has not been decided, therefore appropriate directions be issued to the Appellate Court to decide the appeal expeditiously as early as possible within the time frame. 5. Considering the limited prayer made by counsel for the complainant-petitioner and looking to the fact that against the judgment dated 19.12.2019, an appeal has been preferred by the accused-respondent before the Appellate Court almost five years back, but till date, the same is lying pending for its adjudication on merits. 6. Considering the above factual aspect of the matter, the instant criminal misc. petition stands disposed of with the expectation from the Appellate Court to make all possible endeavours to decide the pending appeal expeditiously, as early as possible, after hearing to the accused-respondent. 7. With the aforesaid observation, the petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /47