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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

O R D E R

S.B.CRIMINAL MISC. PETITION NO.876/2013

Keshri Vanaspati Products Ltd. & Ors.

Vs.

Jua Trading Company & Anr.

Date of order

:

3.9.2013

HON'BLE MR. JUSTICE SANDEEP MEHTA

Mr. Rahul Bathi, for the petitioners.

Mr. A.R.Nikub, P.P.

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Reportable

The instant misc. petition has been filed by the

petitioners challenging the order dated 8.4.2010 passed by

the learned Judicial Magistrate, Pratapgarh in complaint case

No.391/2012 (13/2002) titled as “M/s.Jua Trading Company

Vs. Keshari Vanaspati Products Ltd. Jaipur”.

The respondent No.2 filed a complaint in the year

2002 against the Firm Keshari Vanaspati Products Ltd. & its

partners Vijay Seth the petitioner No.3 herein and Sanjay Seth

in relation to the dishonour of a cheque for an amount of

Rs.26,61,734/-. The trial Court has spent precious time of

about 10 years in the case to effect service of the complaint

on the accused No.4 Sanjay Seth, who is none other than the

petitioner No.3's brother. Ultimately, when despite repeated

efforts, the accused No.4 could not be served, the court

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feeling the need to carry on with the proceedings, declared the

accused