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[2026:RJ-JP:18124]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3463/2017

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.

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Jangid For Respondent(s) : None present.

JUSTICE ANOOP KUMAR DHAND

Order

29/04/2026

1. By way of filing the instant petition, a challenge has been led to the impugned order dated 06.03.2017, passed by the Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan, by which the complaint submitted by the complainant-petitioner under Section 138 of the Negotiable Instrument Act, has been dismissed

in default.

2. Learned counsel further submits that counsel appearing on behalf of the complainant-petitioner before the Trial Court was suffering from heart disease. On the fateful day, he suffered a heart attack and therefore, he could not appear before the Trial Court. Hence, under these circumstances, the complaint filed by the complainant-petitioner has be