Supreme Court - Daily Orders
Ram Jeevan Saini vs The State Of Rajasthan on 6 April, 2018
Bench: Ranjan Gogoi, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 501 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION
(CRIMINAL) NO.4728 OF 2016]
RAM JEEVAN SAINI ...APPELLANT(S)
VERSUS
STATE OF RAJASTHAN & ANR. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. By the impugned order the High Court has refused to quash the proceedings in Criminal Case No.223 of 2014 arising out of FIR No.102/2013 pending before the Additional Chief Judicial Magistrate-II, Srimadhopur, Sikar, Rajasthan instituted by the respondent complainant.
3. Having considered the materials on record we are inclined to take the view Signature Not Verified Digitally signed by VINOD LAKHINA that the accused appellant is justified in Date: 2018.04.07 12:58:20 IST Reason: 2 contending that the complaint against him by the respondent – complainant, in respect of which he had sought interference of the High Court under Section 482 of the Code of Criminal Procedure, was a counter-blast to the proceedings under Section 138 of the Negotiable Instruments Act, 1881 initiated by him against the respondent – complainant.
4. The case of the respondent – complainant against the appellant, in our considered view, has to be understood to be an inherently improbable case as the disputed cheque over which the complaint was filed against the accused appellant has been resurrected after a gap of about 11 years with the allegation that the accused appellant had mis-utilized the same after the aforesaid period of about 11 years. 3
5. In view of the above, we take the view that the High court ought to have quashed the impugned proceedings. Accordingly, we allow the appeal; set aside the order of the High Court and quash the criminal proceedings in Criminal Case No.223 of 2014 arising out of FIR No.102/2013 pending before the Additional Chief Judicial Magistrate-II, Srimadhopur, Sikar, Rajasthan instituted by the respondent complainant.
6. The appeal is disposed of in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J.
(R. BANUMATHI)
NEW DELHI
APRIL 06, 2018
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ITEM NO.37 COURT NO.3 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 4728/2016 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 15-02-2016 IN SBCRL NO. 6287/2015 PASSED BY THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR) RAM JEEVAN SAINI PETITIONER(S) VERSUS THE STATE OF RAJASTHAN & ANR. RESPONDENT(S) Date : 06-04-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Rishi Matoliya, AOR For Respondent(s) Mr. Ajay Kapur, AAG Mr. Milind Kumar, AOR Ms. Himani Sagar, Adv. Mr. Anirudh Singh, Adv. Mr. Anish Roy, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]