Rajasthan High Court - Jodhpur
Rakesh vs Sushma & Anr on 9 August, 2012
Author: Sandeep Mehta
Bench: Sandeep Mehta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CRIMINAL MISC. PETITION NO.1323/2011 Rakesh Bhanawat Vs. Smt.Nirmala Jain & Anr.
Date of order : 9.8.2012 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Deepak Menaria, the petitioner. Ms. Chandralekha, P.P. Mr. Pradeep Shah, for the respondent No.1.
<><><> The instant misc. petition is directed seeking stay of the proceedings of the Complaint Case No.231/99 on the ground that the petitioner has also launched a prosecution against the complainant of this case for the offence under Sections 420 and 120B IPC and in the said prosecution, on a remand being made by the Hon'ble Apex Court by its order dated 16.2.2012 in SLP (Cr) No.385/05, the matter is pending reconsideration before the ACJM No.2, Udaipur.
Learned counsel for the petitioner submits that a liberty may be given to the petitioner to make a prayer to the trial Court that in the event of cognizance being taken upon the petitioner's complaint, the trial of the complaint filed by the petitioner and the instant impugned proceedings be held together.
Learned counsel appearing on behalf of the respondent No.1 complainant has vehemently opposed the prayer.
Having considered the submissions made at the bar and after going through the material available on record, this Court is of the opinion that the prayer made by the learned counsel for the petitioner appears to be reasonable and deserves acceptance.
Accordingly, the misc. petition is disposed of and it is directed that in the event of cognizance being taken on the petitioner's complaint, the trial of both the cases i.e. the complaint filed by the petitioner and the prosecution faced by the petitioner in the impugned proceedings for the offence in the impugned complaint filed for the offence under Section 138 of the NI Act shall be held together.
Stay petition is also disposed of.
(SANDEEP MEHTA), J.
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