IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 17 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 44686 of 2025 M/S. RACHIT DAGA THROUGH ITS PROPRIETOR RACHIT DAGA Versus M/S. SALUJA ROAD LINES THROUGH ITS PROPRIETOR RANJITSINGH SALUJA Appearance:

Shri. Varun Mishra - Advocate for the petitioner. Shri. Nilesh Dave - Advocate for the respondent.

WITH MISC. CRIMINAL CASE No. 44682 of 2025 M/S. RACHIT DAGA THROUGH ITS PROPRIETOR RACHIT DAGA Versus M/S. SALUJA ROAD LINES THROUGH ITS PROPREITOR RANJITINGH SALUJA Appearance:

Shri. Varun Mishra - Advocate for the petitioner.ri Shri. Nilesh Dave - Advocate for the respondent.

ORDER

1 Both the petitions M.Cr.C. No. 44686/2025 and M.Cr.C. No.

44682/2025 involve identical issue. Therefore, they were being heard and considered together.

M.Cr.C. No. 44686/2025

2 This petition under Section 528 of BNSS, 2023 is filed feeling aggrieved by order dated 01.08.2025(Annexure-P/1), passed in CRR No.

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124/2024 by the 1 Additional Sessions Judge, Biaora, District Rajgarh (M.P.) whereby the learned Sessions Judge has rejected the revision petition filed by the petitioner challenging the order dated 04.11.2024 (Annexure- P/2) passed in Case No. 1316/2019 (SCNIA No.176/2019) by the Judicial Magistrate First Class Biaora, District – Rajgarh.

M.Cr.C. No. 44682/2025

3. This petition under Section 528 of BNSS, 2023 is filed feeling aggrieved by order dated 01.08.2025(Annexure-P/1) passed in Case No.

st CRR No.125/2024 by the 1 Additional Sessions Judge, Biaora, District – Rajgarh (M.P.) whereby the learned Sessions Judge has rejected the revision petition filed by the petitioner challenging the order dated 04.11.2024 (Annexure-P/2), passed in Case No.1317/2019 (SCNIA No.175/2019) by the Judicial Magistrate First Class Biaora, District – Rajgarh.

4. The accused assailed the orders dated 4.11.2024 in revision before st the Court of Sessions. The learned 1 Additional Sessions Judge, Biaora in CRR. No.124/2024 and CRR. No.125/2024 affirmed the order of Judicial Magistrate and rejected the revision petitions. Feeling aggrived by orders dated 01.08.2025 and orders dated 04.11.2024, the present petitions have been filed.

5. The exposition of the facts giving rise to the present petitions is as under :-

(A) Ranjitsingh Saluja, Proprietor of M/s. Saluja Road Lines filed a complaint for offence punishable under Sections 138 of the Negotiable Instrument Act, 1881(hereinafter referred to as “NI Act”) against M/s. Rachit Daga inter alia stating that he transported wheat at the direction of accused M/s. Rachit Daga for three years. Accused has given Cheque No.978148 of amount Rs.24.00 Lacs dated 07.05.2019 and Cheque No.978151 for amount of Rs.26.00 Lacs dated 06.05.2019. The Cheques were dishonoured for the reason of “insufficient fund” in the account of accused.

(B) The complainant Ranjitsingh Saluja issued statutory demand notice dated 16.05.2019 for dishonour of Cheque No.978148 for amount of Rs.24.00 Lacs. The accused failed to pay the amount of cheques, therefore, the private complaint for offence punishable under Section 138 of the NI Act was filed. The learned Judicial Magistrate First Class, Biaora, District Rajgarh took cognizance and passed the summoning order directing registration of the private complaint at SCNIA No.176/2019(Case No.1316/2019).

(C) The complainant Ranjitsingh Saluja issued statutory demand notice dated 30.09.2019 for dishonour of Cheque No.978151 for amount of Rs.26.00 Lacs. The accused failed to pay the amount of cheques, therefore, the private complaint for offence punishable under Section 138 of the NI Act was filed. The learned Judicial Magistrate First Class, Biaora, District Rajgarh took cognizance and passed the summoning order directing registration of the private complaint at SCNIA No.175/2019(Case No.1317/2019) .

6. The accused filed an application under Section 219 of Cr.P.C. in both the matters. The learned Judicial Magistrate First Class rejec