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2025 DAILYLAW 45546 (RAJ)

SATINDER P. SINGH S/O LATE SHRI RAUNAQ SINGH v. REGISTRAR OF COMPANIES, JAIPUR

CRLTP/68/2025 · 2025-11-07

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Transfer Petition No. 68/2025 Satinder P. Singh S/o Late Shri Raunaq Singh, (Erstwhile Manging Director Of M/s Raunaq Finance Ltd. (In Liquidation), R/o 16A, Friends Colony West, New Delhi - 110065 ----Petitioner Versus Registrar Of Companies, Jaipur, Having Its Office At C/6-7, Residency Area Civil Lines 1St Floor, Ashok Nagar, Jaipur, Rajasthan 302001 ----Respondent For Petitioner(s) : Mr. Amol Vyas with Mr. Pulkit Arora and Mr. Vinod Pathak For Respondent(s) : Ms. Manjeet Kaur JUSTICE ANOOP KUMAR DHAND Order 07/11/2025 1. By way of filing this petition under Section 447 of the BNSS, a prayer has been made to transfer the criminal appeal bearing No.20/2019 pending before the Court of Special Judge, Fake Currency, Jaipur Metropolitan-I to the Court of Additional Sessions Judge No.9, Jaipur Metropolitan-II. 2. Learned counsel for the petitioner submits that two different complaints with regard to the same allegations were filed against the petitioner under Section 628 of the Companies Act, 1956 by the Registrar of Companies before the Court of Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan. Counsel submits that at the relevant time, (2 of 4) [CRLTP-68/2025] the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan was assigned as the Court dealing with the economic offences. Thereafter, Metropolitan Courts were split into two parts i.e., Jaipur Metropolitan-I and Jaipur Metropolitan-II. Counsel submits that the cases pending before the Economic Offences Court were transferred to the Court of Additional Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan-II. Counsel submits that prior to the aforesaid exercise, one criminal complaint bearing No.10/2025 was decided by the Court of Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan vide judgment dated 26.08.2019 and the petitioner was found guilty and certain penalties were imposed upon him against which he preferred an appeal before the Court of Sessions Judge, Jaipur Metropolitan and the same was transferred to the Court of Special Judge, Fake Currency, Jaipur Metropolitan-I and the same is lying pending before the Appellate Court. 3. Counsel submits that in the other complaint i.e. complaint No.16/2017, also the petitioner was found guilty vide judgment dated 17.11.2023 by the Court of Additional Chief Metropolitan Magistrate (Economic Offences) Jaipur Metorpolitan-II and certain penalties have been imposed upon the petitioner therein. 4. Aggrieved by the aforesaid, the petitioner has preferred an appeal before the Court of Sessions Judge, Jaipur Metropolitan-II, however this appeal has been transferred to the Court of Additional Sessions Judge No.9, Jaipur Metropolitan-II. (3 of 4) [CRLTP-68/2025] 5. Counsel submits that the petitioner in both the matters is same and the dispute and offence arising therein is also same. Counsel submits that in order to avoid conflicting opinions of two different Courts and in the interest of parties, a direction be issued for disposal of the aforesaid appeal by one Court, hence under such circumstances, the petitioner has approached this Court for the aforesaid purpose. 6. Per contra, learned counsel appearing on behalf of the respondent opposed the arguments. 7. Heard and considered the submissions made at the Bar and perused the material available on the record. 8. Considering the arguments put forward by learned counsel for the petitioner this Court finds that when the complaints were filed against the petitioner in the year 2010 and 2015, there existed only one Economic Offences Court i.e. Chief Metropolitan Magistrate, Jaipur Metropolitan. One of the complaints was decided by the Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan vide judgment dated 26.08.2019 and against which an appeal has been preferred by the petitioner and the same is lying pending before the Special Judge, Fake Currency, Jaipur Metropolitan-I. 9. During pendency of the aforesaid, the Courts at Jaipur Metropolitan were split in two parts i.e., Jaipur Metropolitan-I and Jaipur Metropolitan-II, hence under these circumstances, a new Court was created for conducting the cases related to Economic Offences i.e. Additional Chief Metropolitan Magistrate at Jaipur Metropolitan-II and this time in the subsequent complaint i.e. Complaint No.16/2017, the (4 of 4) [CRLTP-68/2025] petitioner faced trial before the Court and he was held guilty vide judgment dated 17.11.2023, against which he has preferred an appeal and the same is lying pending for its adjudication before the Court of Additional Sessions Judge No.9, Jaipur Metropolitan-II. 10. It has been apprised at the Bar that in the Courts of Jaipur Metropolitan-I and Jaipur Metropolitan-II only one Court is dealing with economic offences i.e., Additional Chief Judicial Magistrate, Jaipur Metropolitan-II only, hence, the Appellate Court i.e. Jaipur Metropolitan-II is having jurisdiction to entertain such appeals dealing with the matters pertaining to economic offences. 11. Looking to the aforesaid facts and circumstances of the case, this Court deems it just and proper to transfer the Appeal No.20/2019 pending before the Court of Special Judge, Fake Currency, Jaipur Metropolitan-I to the Court of Additional Sessions Judge No.9, Jaipur Metropolitan-II. 12. It is ordered that the Presiding Officer posted in the aforesaid Court shall consolidate both appeals and decide both the appeals together after granting due opportunity of hearing to all the respective parties expeditiously, as early as possible. 13. With the aforesaid observations/directions, the instant criminal transfer petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/6