Rajasthan High Court - Jodhpur
Prahlad Singh Ranawat vs State Of Rajasthan on 22 July, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4455/2022 Prahlad Singh Ranawat S/o Ekling Singh Ranawat, Aged About 36 Years, At Present Working As Legal Officer, Indusind Bank Limited, Having Its Registered Office At G.n. Chetty Road, T. Nagar, Chennai And Branch Office At Aradhna Complex Opp. Sanwariya Hospital, Chittorgarh.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. State, Through District Judge Pratapgarh.
----Respondents For Petitioner(s) : Mr. Devendra Mahalana For Respondent(s) : Mr. Mohd. Javed Gauri, P. P. JUSTICE DINESH MEHTA Order 22/07/2022
1. While challenging the proceedings under Section 210 of Indian Penal Code initiated against the petitioner, learned counsel for the petitioner argues that proceedings are void ab initio, because, the award was passed by the learned Arbitrator on 17.08.2015 and, therefore, even if the award of the Arbitrator is construed to be a decree, it cannot be said that the petitioner - Bank had obtained the decree fraudulently without being dues.
2. Having heard learned counsel for the petitioner and considering that the loan amount was deposited by the borrower on 29.03.2019 much after the application for execution was filed by the petitioner, this Court is of a prima-facie opinion that (Downloaded on 22/07/2022 at 09:08:57 PM) (2 of 2) [CRLMP-4455/2022] proceedings under Section 210 of Indian Penal Code cannot be undertaken against the petitioner.
3. Matter requires consideration.
4. Issue notice. Issue notice of stay application also.
5. Learned Public Prosecutor accepts notices on behalf of respondent - State and prays for and is granted six weeks' time to complete his instructions.
6. List the matter after six weeks, as prayed.
7. Meanwhile, further proceedings in Criminal Case No.57/2022 pending before Chief Judicial Magistrate, Pratapgarh shall remain stayed.
(DINESH MEHTA),J 167-A.Arora/-
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