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2025 DAILYLAW 48724 (RAJ)

BALAJI TRADING COMPANY v. STATE OF RAJASTHAN

CRLMP/7335/2025 · 2025-11-17

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7335/2025 Balaji Trading Company, Padali Sikrai District Dausa Through Proprietor Bhemsingh Meena S/o Vijendra Singh Meena R/o Khedisheesh Tehsil Hindaun District Karauli ( Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Ravikant Meena S/o Shri Jagdish Prasad Meena, R/o Plot No. 41A Uma Colony Kamla Nehru Nagar Ajmer Road Jaipur At Present Posted Junior Assistant Gram Panchayat Dhanawad, Panchayat Samiti Bandikui Tehsil Baswa District Dausa ----Respondents For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 17/11/2025 1. By way of filing this petition, a prayer has been made for issuing direction to the Trial Court to complete the proceedings of Criminal Case No.75/2023 expeditiously within a period of three months. 2. Learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act was submitted by the petitioner against the accused- respondent on 23.12.2022, but in-spite of passing of considerable time, till date, the said complaint has not been decided. Counsel submits that the petitioner approached this Court by way of filing Criminal Misc. Petition No.2321/2025 (2 of 2) [CRLMP-7335/2025] seeking the same relief and the said petition was disposed of by Co-ordinate Bench of this Court vide order dated 23.04.2025 granting liberty to the petitioner to file an application before the Court below raising his grievance. Counsel submits that pursuant to the aforesaid, an application was submitted for expeditious disposal of the complaint, but till date, no steps have been taken by the Court below to speed up the proceedings of the pending complaint. Even till date, the charges have not been framed against the petitioner, hence under these compelling circumstances, the petitioner has approached this Court seeking a direction for the Court below to expedite the trial of the complaint within a period of three months. 3. In the considered opinion of this Court, such direction cannot be issued by this Court as per the directions issued by the Hon’ble Apex Court in the case of A.R. Antulay vs. R.S. Nayak and Anr. reported in 1992(1) SCC 225 and in the case of P. Rama Chandra Rao. Vs. State of Karnataka reported in 2022 (4) SCC 578. But looking to the fact that the said complaint lying is pending before the Court below since 2022, it is expected from the Trial Court to make all possible endeavours to decide the pending complaint expeditiously as early as possible. 4. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/82