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"No Tricks Allowed": Rajasthan HC Slams Bid to Dodge Second Revision Ban in Cheque Bounce Case
In a sharp rebuke to procedural maneuvering, the has dismissed a petition by Jai Kishan, ruling that litigants cannot bypass the statutory bar on second revisions under simply by changing the petition's label. Justice Farjand Ali's order in Jai Kishan v. State of Rajasthan & Ors. underscores that courts prioritize substance over clever drafting, especially in a dispute over denied interim compensation.
From Cheque Bounce to Courtroom Chess
The saga began with Jai Kishan, a 64-year-old resident of Jodhpur, filing a complaint under the after a cheque from respondent Ramprakash bounced. In Case No. NCV 6393/2020 before , Kishan sought 20% interim compensation under via an application on . The magistrate denied it after weighing facts and submissions.
Undeterred, Kishan filed a revision before (Criminal Revision No.06/2023 & NCV No.105/2023), but lost again on . Now, styling his challenge as S.B. Criminal Misc(Pet.) No. 2676/2024, he approached the High Court—only to face the same orders' scrutiny once more.
Petitioner's Push vs. State's Stand
Kishan argued for reconsideration of the denial, claiming the lower courts erred in discretion under Section 143A, which allows interim relief in cheque bounce cases to aid payees. He urged the High Court to intervene via , portraying the refusal as unjust.
The State of Rajasthan, represented by , countered that this was a thinly veiled second revision, impermissible under . Respondent Ramprakash, through counsel, echoed that concurrent findings deserved finality, with no warranting High Court intrusion. As LiveLaw reports, the court saw through the " ," noting the plea sought identical relief against the same orders.
Substance Over Semantics: The Court's Core Reasoning
Justice Ali pierced the veil: while labeled a miscellaneous petition, the challenge mirrored the exhausted revision. He invoked
's explicit ban on second revisions by the same party, aimed at ensuring
"
,
, and preventing
."
The judge clarified that inherent and
aren't substitutes for statutory remedies. Absent
"
,
, or
,"
no intervention. Here, the magistrate's denial was "judicious and balanced," hinging on case-specific equities—not automatic. The sessions court independently affirmed this, finding no
"
,
,
, or
."
Drawing from procedural law tenets, the court stressed:
"Courts must look beyond form to substance... Judicial scrutiny cannot be thwarted by
."
Punchy Pronouncements from the Bench
Justice Ali's order delivered these gems:
"The transformation in procedural attire cannot alter the juridical character of the proceedings."
"The true nature of a proceeding is to be determined by the essence of the relief claimed and not by the nomenclatural device adopted by the litigant."
"Such extraordinary powers [inherent jurisdiction] are not to be employed as a substitute for revisional remedies already exhausted."
"Section 397(3)... enacts a clear prohibition against entertaining a second revision at the behest of the same party."
These quotes, as highlighted in legal coverage, reinforce the ruling's punch.
Dismissed: A Win for Procedural Purity
The petition stands dismissed as
"procedurally untenable and substantively devoid of merit."
No interference with lower courts' concurrent orders, with
"all consequential directions... in accordance with law."
This decision fortifies procedural gates in cases, curbing endless challenges to interim compensation denials. Future litigants in cheque bounce matters must heed: exhaust revisions once, or risk dismissal. It signals Rajasthan HC's vigilance against "procedural ingenuity," promoting swift justice amid rising cheque dishonor filings.
