[2025:RJ-JD:54196]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 7738/2022

Shri Parmanand Lalwani S/o Lt. Sh. Kishanchand Lalwani, Aged About 68 Years, Hotel Kishu Shereton, Before Coal Depot, Mount

Abu.

----Petitioner

Versus

1. State Of Rajasthan, Through PP

2. Mahesh Lalwani S/o Kishanchand Lalwani, Jamna

Bhawan, Manch Gaon, Mount Abu Through Power Of Attorney Holder Sh. Vijay Lalwani S/o Kishanchand

Lalwani, R/o Fandus Colony, Kala Chhapra, Mount Abu.

----Respondents

For Petitioner : None present

For Respondents : Ms. Bhawana Tiwari for

Mr. Shreyansh Mardia

Mr. Narendra Singh Chandawat, Dy.G.A.

Mr. Ravindra Singh Bhati, A.G.A.

Mr. Naresh Khatri

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

16/12/2025

1. This criminal miscellaneous petition has been filed by the petitioner under Section 482 of the Cr.P.C. challenging the order dated 17.10.2022 passed by the Additional Sessions Judge No.1, Abu Road, Sirohi, whereby the revision petition filed on behalf of the petitioner against the order taking cognizance dated 16.02.2019 passed by the learned trial Court in the proceedings under Section 138 of the Negotiable Instruments Act, 1881

(hereinafter referred to as ‘the NI Act’) was dismissed.

2. Brief facts of the case are that respondent No.2 (to be referred as complainant) filed criminal complaint under Section

138 of the NI Act, stating therein that a cheque amounting to Rs.1,35,00,000/- dated 10.10.2018 issued by the petitioner was dishonored. On the said complaint, cognizance was taken by the learned trial Court vide order dated 16.02.2019.

3. Being aggrieved by the order dated 16.02.2019, the petitioner filed revision petition under Section 397 of the Cr.P.C. before the learned revisional court. The learned revisional court vide order dated 17.10.2022 dismissed the said revision petition.

4. Being aggrieved by the order dated 17.10.2022 and

16.02.2019, this petition has been filed.

5. None present on behalf of the petitioner to argue the matter. 6. This petition is pending before this Court since 2022 and the matter relates to complaint under Section 138 of the NI Act, therefore, the matter is heard finally.

7. Learned trial Court, after perusal of the complaint, in its order dated 16.02.2019, recorded the fact that the petitioner has given a cheque of Rs.1,35,00,000/- to the complainant and when the said cheque was presented in the bank, the same was returned by the bank as the petitioner has asked the bank for stop payment. As the cheque presented by the complainant was dishonored, he gave a due legal notice to the petitioner. Even after receiving the said notice, the petitioner failed to pay the amount of cheque to the complainant. Then only, after expiry of 15 days notice period, complaint was filed within limitation before the trial Court. Thereafter only the trial Court took cognizance against the petitioner.

8. I have also considered the order dated 17.10.2022, passed by the revisional court. The revisional court has also observed that the trial Court has taken cognizance against the petitioner on the basis of material available on record. The revisional court further observed that whether the civil dispute was pending between the parties or not, the same can be considered by the learned trial Court while deciding the matter finally. The revisional court further observed in its order that fact of compromise between the parties will also be considered by the learned trial Court during trial.

9. In my considered view, in a petition for quashing the proceedings, this Court is not required to conduct a mini trial.

10. In Muskan Vs. Ishaan Khan (Sataniya) & Ors.¹, the Hon’ble Supreme Court has held as under:

“21. In Daxaben v. State of Gujarat and Others [(2022) 16 SCC

117], a two-Judge Bench held as follows:

“26. Even though, the inherent power of the High Court under Section 482 CrPC, to interfere with criminal proceedings is wide, such power has to be exercised with circumspection, in exceptional cases. Jurisdiction under Se