Neel Kamal Ajmera vs. Jamna Shanker Sharma
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
17 Oct 2023
Order Text
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Misc(Pet.) No. 6594/2023
Neel Kamal Ajmera
----Petitioner
Versus
Jamna Shanker Sharma
----Respondent
| For Petitioner(s) | : | Mr. Jaideep Singh Saluja |
|---|---|---|
| For Respondent(s) | : | Mr. Mahipal Bishnoi, PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/01/2024
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The service upon the respondent could not be affected till now.
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Issue fresh notice to the respondent, returnable on 28.02.2024.
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At this stage, the learned counsel for the petitioner submits that the case pertains to a trial under the penal provisions of the Negotiable Instrument Act. The petitioner is an accused in this case. Neither in the complaint nor in any document, the name of the son of the complainant has come in light, still at the verge of disposal of trial, upon the application of the complainant, learned trial Court has allowed to produce his son as a witness of the complaint. He further submits that the name of this witness has not been proposed in the list of witnesses at the time of taking cognizance.
In this view of the matter, he submits that since the trial is going to be decided, if the order under assail is not stayed, very
purpose of filing the instant misc. petition would be frustrated, therefore, until the final hearing of the case, further proceedings in the trial may be stayed.
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Upon consideration of the submission and taking into account the fact that the petitioner has a strong arguable case in his favour, it is deemed appropriate to direct the trial Court that until the next order in this regard, further proceedings in CIS No.3556/2018 pending before the learned Special Judicial Magistrate (N.I. Act Cases), Court No.6, Udaipur shall remain stayed.
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List the matter on 28.02.2024.
(FARJAND ALI),J
459-Samvedana/-
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