OMPRAKASH SHARMA SON OF SHRI BALA PRASAS SHARMA v. RAVI SHARMA SON OF CHANDRAMOHAN SHARMA
CRLMA/666/2024 · 2025-02-14
Ashutosh Kumar
body2025
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[ 2025 DAILYLAW 41960 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 41960 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 666/2024 In S.B. Criminal Revision Petition No.1420/2024 Omprakash Sharma Son Of Shri Bala Prasad Sharma, Resident Of B-121, Shiv Nagar-I, Murlipura Scheme, Jaipur ----Applicant Versus
1. Ravi Sharma Son Of Chandramohan Sharma, Resident Of House No. 3829, Vishnu Marg, Gangauri Bazar, Jaipur.
2. State Of Rajasthan, Through P.P. ----Respondents For Applicant(s) : Ms. Monti Kumari Khatri, Adv. Mr. Ramniwas Meena, Adv. For Respondent(s) : Mr. Vivek Choudhary, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 14/02/2025
1. This criminal miscellaneous application has been filed for recalling of S.B. Criminal Revision Petition No.1420/2024, which has been dismissed by Registrar (Judicial) on 22.11.2024 in pursuance of the peremptory order passed by this Court on
08.10.2024.
2. Heard perused the record.
3. On 08.10.2024, the applicant was directed to remove the defects within a period of two weeks. The order was made peremptory. Due to non compliance of the order, Registrar (Judicial) dismissed the criminal revision petition vide order dated
22.11.2024.
(2 of 2) [CRLMA-666/2024]
4.
Learned counsel appearing on behalf of the applicant submits that against the conviction and sentence under Section 138 of N.I. Act, the applicant filed the revision petition, which was dismissed as per the peremptory order. After dismissal of this revision petition, the applicant had surrender himself on 16.01.2025 before learned trial Court and he was sent to judicial custody. At present, the applicant is in judicial custody, however, he wants to contest the petition on merits, therefore, S.B. Criminal Revision Petition No.1420/2024 be restored to its original number.
5. For the reasons mentioned in the application, the order dated 08.10.2024 is recalled and S.B. Criminal Revision Petition No.1420/2024 is restored to its original number.
6. Office to proceed further.
7. Application is, accordingly, allowed.
(ASHUTOSH KUMAR),J Mohita /48