Rajasthan High Court - Jaipur
Avlon Cosmo Trade And Another vs Parsis Elsis India Pvt.Ltd on 24 May, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Petition No. 1513/2008 Date of Order :: 24th May, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI None appears for the petitioner Mr. G.S. Fauzdar, PP for the State of Rajasthan BY THE COURT:
Having perused the impugned orders dated 30th May, 2008 as also 8th July, 2008, it is found that one complaint for the offence under Section 138 of Negotiable Instrument Act was pending in the Court of Additional Chief Judicial Magistrate No.12, Jaipur City, wherein the petitioner had implored to summon document under Section 91 of CrPC. The learned Additional Chief Judicial Magistrate declined the prayer and dismissed the application. Aggrieved with the order dated 30th May, 2008, the petitioner preferred the revision and that too also stood dismissed by the District & Sessions Judge, Jaipur City, Jaipur. Learned Sessions Judge, Jaipur City, Jaipur is found to have observed that even the revision petition was not maintainable against the interlocutory order passed by the court below. The learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur dismissed the application filed under Section 91 of CrPC on the ground that the documents required to be summoned were not relevant to the facts and circumstances of the case.
I do not find any perversity or illegality in the impugned orders. They are just and proper. Hence, the Criminal Misc. Petition deserves to be dismissed, which stands dismissed accordingly.
(MAHESH BHAGWATI),J.
DK/-