[2026:RJ-JP:21316] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3462/2017 Radhey Shyam Ola S/o Shri Hira Lal, Aged Major, R/o B-24, Sriniwas Nagar, Road No.6, Vki Jaipur. ----Petitioner Versus Prakash Chand Saini S/o Shri Chithar Mal Saini, Aged Major, R/o Saini Bhawan, Khirniyo Ka Bagh, Jodla Power House, Sikar Road, Jaipur. ----Accused-Respondent For Petitioner(s) : Mr. Vijay Kumar Jangid For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 20/05/2026 1. This criminal miscellaneous petition has been filed by the petitioner with challenge to the order dated 06.03.2017 passed by the learned Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan Headquarter Chomu whereby the Complaint No. 3749/2015 tilted as titled as Radhey Shaym Ola Vs. Prakash Chand Saini filed under Section 138 of N.I. Act, has been dismissed. 2. Learned counsel for the petitioner submits that the complainant-petitioner was suffering from the heart ailment and he remained admitted at Barala Hospital & Research Centre, Chomu on 02.01.2017 and under the advise of the Doctors, he was on rest and, therefore, he could not appear before the subordinate Court on 06.03.2017. Learned counsel for the petitioner also submits that the petitioner would suffer injustice in [2026:RJ-JP:21316] (2 of 3) [CRLMP-3462/2017] case the complaint submitted by him, is not heard and proceeded on merit. 3. Heard and considered the submissions and also perused the material made available on record. 4. The notice was issued to the accused-respondent on 07.11.2017, which was served upon him on 19.12.2017, however, no one has put in appearance on behalf of the accused-respon- dent. 5. As per the facts on record, the complaint was filed by the complainant petitioner under Section 190 of the Cr.P.C. with regard to the offence punishable under Section 138 the Negotiable Instruments Act, 1881 (for short ‘the Act of 1881’). When the complaint was listed before the subordinate Bench on 06.03.2017, the complainant-petitioner could not appear before the Court concerned and the same was dismissed in default because of non-appearance of the petitioner or his counsel. 6. Prior to that on 22.04.2015, the list of charges were also made on the accused-respondent; he denied the same and opted for trial. 7. As per the documents submitted along with this petition, the petitioner is said to have suffered with the heart ailment and was admitted at Barala Hospital & Research Centre, Chomu on 02.01.2017. 8. Under the criminal jurisprudence, there is no provision for restoration of the criminal cases as like civil , but the criminal proceedings are not supposed to be dismissed for non-appearance, however, the same can be decided on merit even any party does not appear. [2026:RJ-JP:21316] (3 of 3) [CRLMP-3462/2017] 9. Taking into consideration the overall facts and circumstances of the case, this Court feels that this is a fit case to invoke the inherent jurisdiction under Section 482 Cr.P.C. 10. Accordingly, this criminal misc. petition is allowed. 11. The order dated 06.03.2017 passed by the learned Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan Headquarter Chomu, is set aside. The Complaint No. 3749/2015 tilted as Radhey Shyam Ola Vs. Prakash Chand Saini is restored to its original position and stage. The subordinate Court is directed to proceed further after issuing fresh summons to the accused-respondent. 12. Since the complaint filed in the year 2015, the trial Court is expected to conclude the trial of this case, as early as possible. (GANESH RAM MEENA),J 20/SHRUTI SHARMA