High CourtsSingle Bench(2011) 07 RAJ CK 0051

M/s Maloo Finvest Services Pvt. Ltd. vs Gulab Chand Verma and Others

Rajasthan High Court · Decided on 25 July 2011

HON’BLE JUDGES
Meena V. Gomber, J
CASE NUMBER
Criminal Miscellaneous Petition No. 1844 of 2010

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Judgment

8 paragraphs · 223 words

Hon''ble Dr. Justice Smt. Meena V. Gomber

1.

The petitioner (complainant) has filed this petition u/s 482 Cr.P.C. praying for directions to the court below to dispose of his application filed for initiating proceedings u/s 82 Cr.P.C. against the non-petitioner (accused).

2.

Petitioner''s submission is that he had filed criminal case u/s 138, Negotiable instrument Act sometime in 2003. However, the non-petitioner (accused) has not been able to be served for last 8 years.

3.

Time and again, the court has been issuing bailable warrants and as per report Annexure 1, the warrant issued by the court in August, 2007 has been received unserved with the report that the non-petitioner (accused) was living in a rented accommodation and that he has already vacated the accommodation and whereabouts of him are not known.

4.

The petitioner (complainant) had filed two applications Annexure 1 and Annexure 2 before the court below for initiating proceedings u/s 82 Cr. P.C. Those applications according to the petitioner have remained pending for a long time.

5.

This criminal miscellaneous petition is disposed of with the direction to the learned Judicial Magistrate No. 22, Jaipur City, Jaipur to hear the applications filed by the petitioner and dispose them in accordance with law.

6.

The criminal miscellaneous petition stands disposed.

7.

Copy of the order be sent to the concerned court.