IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL REVISION NO. _____/2018

Sukhram Mundetiya S/o Shri Chhitarmal Mundetiya, R/o Mundetiya

Bhawan, Gajsingh Pura, in front of Surana Farm House, Heerapura Power
House, Ajmer Road, Jaipur.
(Confined at Central Jail Jaipur)
.......Petitioner/Accused
Versus
1. State of Rajasthan through P.P.
2. Miss. Shalu Choudhary D/o Late Shri Roshan Lal Choudhary, R/o M-13,
Shiv Path, Ram Nagar, Sodala, Jaipur.

....Non-Petitioners/Complainants

S.B. CRIMINAL REVISION PETITION UNDER

SECTION 397, 401 CR.P.C. AGAINST THE
ORDER DATED 22.01.2018 IN CRIMINAL
APPEAL NO. 42/2016 C.I.S. NO. NIL TITLED
AS SUKHRAM MUNDETIYA V/S SHALU
CHOUDHARY AND STATE WHEREIN ADJ
NO. 18, JAIPUR METROPOLITAN, JAIPUR
P.O. NEERAJ KUMAR, R.H.J.S. VIDE
ORDER DATED 22.01.2018 MAINTAINED
THE ORDER OF CONVECTION AND
SENTENCE PASSED BY LEARNED JUDICIAL
MAGISTRATE N.I. ACT CASES NO. 11
JAIPUR METROPOLITAN IN CRIMINAL CASE
NO. 194/2016 TITLED AS SHALU
CHOUDHARY V/S SUKHRAM MUNDETIYA
WHEREIN ACCUSED PETITIONER
CONVICTED U/S. 138 N.I. ACT AND
SENTENCED FOR ONE AND HALF YEAR AND
FINE OF RS. 7,00,000/- AND IN DEFAULT

1
 OF PAYMENT OF FINE PETITIONER WILL
UNDERGO 3 MONTHS SIMPLE
IMPRISONMENT VIDE ORDER DATED
28.11.2016. SENTENCE PASSED BY THE
TRIAL COURT AFFIRM BY THE APPELLATE
COURT HENCE THIS CRIMINAL REVISION.
**********

To,
The Hon'ble Chief Justice and His Other
Companion Judges of the High Court of
Judicature for Rajasthan at Jaipur Bench
Jaipur.

MAY IT PLEASE YOUR LORDSHIPS,

The humble accused petitioner, named above,

most respectfully begs to submit as under :

1. That the accused petitioner facing trial before

learned Special Judicial Magistrate N.I.
Cases, No. 11, Jaipur Metropolitan, Jaipur
Ajmer for dishonor of cheque and thereafter
thereafter complaint filed U/s. 138 of the N.I.
Act filed before the learned Magistrate and on
conclusion of trial learned Magistrate
convicted U/s. 138 N.I. Act and sentenced the
accused for offence and ordered him one and
half year sentence and to pay fine of Rs.
7,00,000/- and in default Of Payment Of Fine
Petitioner Will Undergo 3 Months Simple
Imprisonment vide order dated 28.11.2016.
Aggrieved against the order of conviction and
sentence petitioner preferred appeal before
the learned session judge Jaipur
Metropolitan, Jaipur and thereafter matter
 transferred to Additional Session Judge, No.
18, Jaipur Metropolitan wherein vide order
dated 22.01.2018 learned Appellate Court
maintane the order of conviction and
sentence. Aggrieved against the order of
learned appeal court and trial court petitioner
is preferring this revision petition. Copy of
the trial court order dated 28.11.2016 is
ANNEXURE-1 and copy of appeal court order
dated 22.01.2018 is ANNEXURE-2.

2. That in the circumstances being aggrieved by

the order the conviction and sentence
petitioner is having no other alternative
except to file this revision before this Hon’ble
Court on the following grounds amongst
others :

GROUNDS

(A) Because the order dated 28.11.2016 and

22.01.2018 passed by both the learned court
below are against the material available on
record and well settled provisions of law as
such the same is liable to be quashed and set
aside.

(B) Because the impugned orders of court below

is against the law settled by this Hon'ble
Court and the Apex Court hence liable to be
quashed and set aside on this ground alone.

(C) Because the impugned orders passed by the

court below is against the principles of
 natural justice hence deserves to be quashed
and set aside on the ground.

(D) Because while passing the impugned order by

the court below they failed to appreciate this
important aspect that no legal notice
effectively served to the petitioners and on
the basis of forged signature, requirement of
notice fulfilled by the complainant and
learned trial court without going into the
material aspect presume that legal notice
served to the petitioners and preceded with
the trial and ordered for conviction and
sentence and same is maintained by the
learned appellate court.

(E) Because while passing the impugned order by

the court below they failed to appreciate this
important aspect that it is admitted by the
complainants that cheque issued by the
complainant is lieu of security of some
transaction purpose. But learned trial court
as well as appellate court without going into
the material aspect of case presume that
legally enforced liability accrued against the
petitioner in relation to cheque and found
him guilty of 138 N.I. Act and ordered for
conviction and sentence and same is
maintained by the learned appellate court, in
such circumstances order dated 28.11.2016
and 22.01.2018 passed by the learned court
below are against the material available on
record and against the well settled provisions
 of law as such the same is liable to be
quashed and set aside.

(F) Because other grounds in support of this

Revision Petition would be urged at the time
of arguments of the case.

P R A Y E R

It is, therefore, most respectfully prayed

that this Criminal Revision may kindly be
allowed and be further pleased to quash and
set aside the impugned order dated
22.01.2018 in criminal appeal No. 42/2016
titled as Sukhram Mundetiya V/s. Shalu
Choudhary & others wherein ADJ No. 18
Jaipur Metropolitan P.O. Neeraj Kumar,
R.H.J.S. vide order dated 22.01.2018
maintained the order of convection and
sentence passed by learned Judicial
Magistrate N.I. Act Cases No. 11 Jaipur
Metropolitan in criminal case No. 194/2016
titled as Shalu Choudhary V/s. Sukhram
Mundetiya wherein accused petitioner
convicted U/s. 138 N.I. act and sentenced for
one and half year and fine of Rs. 7,00,000/-
and in default of payment of fine petitioner
will undergo 3 months simple imprisonment
and discharge the accused from the charges
leveled against, it will be in the interest of
justice.

Any other appropriate order which this

Hon'ble Court may deem fit and proper in the
 facts and circumstances of the case, may also
be passed in favour of the petitioner.

HUMBLE PETITIONER
Jaipur
Dated :
Through Counsel :
K.A. KHAN/G.S. GAUTAM/
AJAY PAL SINGH GURJAR/ABDUL GAFFAR)
ADVOCATES

Notes :

1. No such Crm. Revision has been filed prior to

this before this Hon'ble Court.
2. That a copy of this criminal revision has been
given to the P.P.
3. That pie papers are not readily available
hence typed on stout papers.
4. That this criminal revision has been typed by
my private steno in my office who is not the
High Court Employee.
5. That this criminal revision pertains to Jaipur
Jurisdiction.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. SOS APPLICATION NO.____/2018

IN
S.B. CRIMINAL REVISION NO. _____/2018

Sukhram Mundetiya S/o Shri Chhitarmal Mundetiya, R/o Mundetiya

Bhawan, Gajsingh Pura, in front of Surana Farm House, Heerapura Power
House, Ajmer Road, Jaipur.
(Confined at Central Jail Jaipur)
.......Petitioner/Accused
Versus
1. State of Rajasthan through P.P.
2. Miss. Shalu Choudhary D/o Late Shri Roshan Lal Choudhary, R/o M-13,
Shiv Path, Ram Nagar, Sodala, Jaipur.

....Non-Petitioners/Complainants

S.B. CRIMINAL SOS APPLICATION UNDER

SECTION 397, 401 CR.P.C. IN THE MATTER
OF THE ORDER DATED 22.01.2018 IN
CRIMINAL APPEAL NO. 42/2016 C.I.S. NO.
NIL TITLED AS SUKHRAM MUNDETIYA V/S
SHALU CHOUDHARY AND STATE WHEREIN
ADJ NO. 18, JAIPUR METROPOLITAN,
JAIPUR P.O. NEERAJ KUMAR, R.H.J.S.
VIDE ORDER DATED 22.01.2018
MAINTAINED THE ORDER OF CONVECTION
AND SENTENCE PASSED BY LEARNED
JUDICIAL MAGISTRATE N.I. ACT CASES
NO. 11 JAIPUR METROPOLITAN IN
CRIMINAL CASE NO. 194/2016 TITLED AS
SHALU CHOUDHARY V/S SUKHRAM
MUNDETIYA WHEREIN ACCUSED
PETITIONER CONVICTED U/S. 138 N.I. ACT
 AND SENTENCED FOR ONE AND HALF YEAR
AND FINE OF RS. 7,00,000/- AND IN
DEFAULT OF PAYMENT OF FINE
PETITIONER WILL UNDERGO 3 MONTHS
SIMPLE IMPRISONMENT VIDE ORDER
DATED 28.11.2016. SENTENCE PASSED BY
THE TRIAL COURT AFFIRM BY THE
APPELLATE COURT FOR SUSPENSION OF
SENTENCE.
**********
To,

The Hon'ble Chief Justice and His Other

Companion Judges of the High Court of
Judicature for Rajasthan at Jaipur Bench
Jaipur.
MAY IT PLEASE YOUR LORDSHIPS,

The humble accused-petitioner, named above,

most respectfully submit as under :

1. That the petitioner has preferred the above

mentioned Misc. Petition before this Hon'ble
Court for today in which he has every hope of
his success.

2. That from the bare perusal of the memo of

Misc. Petition it is clear that the petitioner
has got a good prima facie case in his favour.
To avoid the repetition, the memo of Misc.
Petition may kindly be treated as the part of
the present stay application.

3. That if the interim relief as prayed for by the

petitioner is not granted the petitioner will
 suffer huge irreparable loss which would not
be compensated in any terms.

4. That the balance of convenience is in favour

of the petitioner.

PRAYER

It is, therefore, most respectfully prayed

that the Hon'ble Court may most graciously
be pleased to accept and allow this SOS
application and released the accused on bail
during the pendency of Revision Petition.
Any other relief which this Hon'ble Court
deems fit and proper in the facts and
circumstances of the case may also be passed
in favour of the petitioner.

HUMBLE PETITIONER
Jaipur
Dated :
Through Counsel :

K.A. KHAN/G.S. GAUTAM/

ABDUL GHAFFAR/AJAY PAL SINGH GURJAR)
ADVOCATES
RAJASTHAN HIGH COURT, JAIPUR

Notes :
1. No such SOS has been filed prior to this
before this Hon'ble Court.
2. That a copy of this application has been given
to the P.P.
3. That pie papers are not readily available
hence typed on stout papers.
4. That this SOS has been typed by my private
steno in my office.
5. That this SOS pertains to Jaipur Jurisdiction.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL REVISION NO. _____/2018

Sukhram Mundetiya
Versus
State of Rajasthan & others

CERTIFICATE U/S. 311 OF RAJASTHAN

HIGH COURT RULES

**********

It is certificated that accused Sukhram Mundetiya S/o Shri Chhitarmal

Mundetiya, R/o Mundetiya Bhawan, Gajsingh Pura, in front of Surana
Farm House, Heerapura Power House, Ajmer Road, Jaipur.
(Confined at Central Jail Jaipur) hence filing this Certificate U/s. 311
of Rajasthan High Court Rules before this Hon’ble
Court.

HUMBLE PETITIONER
Jaipur
Dated :
Through Counsel :

K.A. KHAN/G.S. GAUTAM/

ABDUL GHAFFAR/AJAY PAL SINGH GURJAR)
ADVOCATESRAJASTHAN HIGH COURT, JAIPUR
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL REVISION NO. _____/2018

Sukhram Mundetiya
Versus
State of Rajasthan & others

SYNOPSIS

S.B. CRIMINAL REVISION PETITION UNDER

SECTION 397, 401 CR.P.C. AGAINST THE ORDER
DATED 22.01.2018 IN CRIMINAL APPEAL NO.
42/2016 C.I.S. NO. NIL TITLED AS SUKHRAM
MUNDETIYA V/S SHALU CHOUDHARY AND STATE
WHEREIN ADJ NO. 18, JAIPUR METROPOLITAN,
JAIPUR P.O. NEERAJ KUMAR, R.H.J.S. VIDE
ORDER DATED 22.01.2018 MAINTAINED THE
ORDER OF CONVECTION AND SENTENCE PASSED
BY LEARNED JUDICIAL MAGISTRATE N.I. ACT
CASES NO. 11 JAIPUR METROPOLITAN IN
CRIMINAL CASE NO. 194/2016 TITLED AS SHALU
CHOUDHARY V/S SUKHRAM MUNDETIYA
WHEREIN ACCUSED PETITIONER CONVICTED
U/S. 138 N.I. ACT AND SENTENCED FOR ONE
AND HALF YEAR AND FINE OF RS. 7,00,000/-
AND IN DEFAULT OF PAYMENT OF FINE
PETITIONER WILL UNDERGO 3 MONTHS SIMPLE
IMPRISONMENT VIDE ORDER DATED 28.11.2016.
SENTENCE PASSED BY THE TRIAL COURT
AFFIRM BY THE APPELLATE COURT HENCE THIS
CRIMINAL REVISION FOR THE GROUND
MENTIONED IN THE REVISION PETITION.

Jaipur
Dated :26-02-2018

COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL REVISION NO. _____/2018

Sukhram Mundetiya
Versus
State of Rajasthan & others

I N D E X

==============================================
S.No. Particulars Page No.
==============================================

1. Criminal Revision

2. SOS Application

3. Certificate U/s. 311

4. DOCUMENTS :

Annex.1 Copy of order dated 28.11.2016

Annex.2 Copy of order dated 22.01.2018

==============================================

Jaipur
Dated :
Humble Petitioner
Through Counsel :

K.A. KHAN/G.S. GAUTAM/

ABDUL GHAFFAR/AJAY PAL SINGH GURJAR)
ADVOCATES, RAJASTHAN HIGH COURT, JAIPUR