HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5269/2025 Ganeshay Enterprises, Through Proprietor Shri Prakash Kumawat, S/o Shri Nanuram, Aged About 50 Years, Resident Of Pathwari Ka Mohalla, Ward No. 05, Behind Varda School, Neem Ka Thana, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Laxmi Agency, Through Proprietor Shri Jitendra Swami, Situated At Renwal Road, Kaladera, Kanapura, Tehsil Chomu, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Rahul Kashyap for Mr. Sharvan Saini For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 06/11/2025 1. Aggrieved by the order dated 05.08.2025 passed by the Additional Chief Judicial Magistrate No.1, Neemkathana, District Sikar, the instant petition has been preferred. 2. By an order dated 16.07.2022, the complaint submitted by the petitioner under Section 138 of the Negotiable Instruments Act was dismissed in default for want of prosecution. Thereafter, the petitioner filed a restoration application for restoring the original complaint to its original number, however the same was also dismissed vide impugned order dated 05.08.2025. (2 of 2) [CRLMP-5269/2025] 3. In the considered opinion of this Court, the aforesaid order is appealable under Section 419 BNSS. The complainant is supposed to file criminal leave to appeal under Section 419 BNSS. 4. On this count alone, the instant criminal misc petition is disposed of granting liberty to the petitioner to file criminal leave to appeal under Section 419 BNSS. 5. Office is directed to return certified copy of the impugned order and vakalatnama to the counsel for the petitioner after retaining photocopy of the same on record. (ANOOP KUMAR DHAND),J KuD/99