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2026 DAILYLAW 5863 (RAJ)

LALIT GHAI S/O SHRI SUBHASH CHAND GHAI v. THE STATE OF RAJASTHAN

CRLMP/332/2026 · 2026-03-06

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:9790] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 332/2026 Lalit Ghai S/o Shri Subhash Chand Ghai, Aged About 54 Years, Resident Of 107, Hari Nagar, New Delhi. ----Accused-Petitioner Versus 1. The State Of Rajasthan, Through P.P. ---Respondent 2. Beniprasad S/o Shri Ramjilal, Aged About 35 Years, Resident Of Dewan Ji Ka Bag, Rajgarh, Tehsil Rajgarh, District-Alwar. ----Complainant/Respondent For Petitioner(s) : Mr. Rahul Sharma, Adv. For Respondent(s) : Mr. Vijay Singh Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/03/2026 1. This Criminal Misc. Petition under Section 528 of BNSS has been filed on behalf of the petitioner against the order dated 26.05.2025 passed by the Additional Chief Judicial Magistrate No.1, Rajgarh, District Alwar in Criminal Complaint No.23/199/2008, whereby the application under Section 70(2) of Cr.P.C. filed by the petitioner was dismissed. The Criminal Revision No.45/2025 filed against the aforesaid order was also dismissed by the learned Additional Sessions Judge, Rajgarh, District Alwar vide order dated 07.10.2025. 2. Learned counsel for the petitioner submits that a criminal complaint was instituted against the petitioner for offence punishable under Section 138 of NI Act, wherein process was issued against him. He further submits that without recording the satisfaction, learned trial Court had issued the standing arrest [2026:RJ-JP:9790] (2 of 2) [CRLMP-332/2026] warrant on 09.10.2015 against the petitioner. He further submits that matter pertains to the cheque amount of Rs.55,000/- and petitioner is ready to face the trial. Counsel further submits that the petitioner is also ready to deposit 50% of cheque amount before the learned trial Court on his appearance and he is ready to pay the appropriate cost to the complainant and same may be quantified by this Court. 3. I have considered the submissions. 4. Considering overall facts and circumstances of the case and especially the fact that case is pending since 2008 and petitioner is ready to face the trial, I deem it just and proper to direct the petitioner to appear before the trial Court on or before 19.03.2026 and submit his bail bonds to the satisfaction of the learned trial Court. Upon surrender and furnishing bail bonds, learned trial Court shall accept the same. 5. Considering the submissions made by learned counsel for the petitioner, petitioner is further directed to deposit Rs.27,500/- before the trial court in the name of complainant i.e. half of the cheque amount and he shall also pay cost of Rs.5,500/- to the complainant. 6. With the aforesaid directions, this Criminal Misc. Petition is disposed of. 7. Stay application and pending application(s), if any, stand disposed of. (ANIL KUMAR UPMAN),J MADAN/96