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Ram Ratan Chipa v. Fultron India Credit Limited

Ram Ratan Chipa v. Fultron India Credit Limited

(High Court Of Rajasthan)

S.B. Criminal Misc. Petition No. 722/2009 and S.B. Criminal Misc. Stay Application No. 1050/2009 | 06-07-2009

Narendra Kumar Jain, J.

1. This petition under Section 482 of the Code of Criminal Procedure (for short, CrPC) has been preferred against the impugned order dt. 04.11.2008 passed by the Additional Chief Judicial Magistrate, Kushalgarh, District Banswara, taking cognizance against the petitioner under Section 138 of the Negotiable Instrument Act. The order is revisable and, in these circumstances, the learned Counsel for the petitioner seeks permission to withdraw this petition with liberty to file revision petition before the revisional Court with an application under Section 5 of the Limitation Act for condonation of delay in filing thereof. The prayer appears to be reasonable, hence the same is allowed.

2. Consequently this petition is dismissed as withdrawn with liberty, as prayed for.

3. Consequent upon dismissal of the main petition itself, the stay application, filed therewith, does not survive and the same is also dismissed.

Advocate List
Bench
  • HON'BLE JUSTICE NARENDRA KUMAR JAIN-II, J.
Eq Citations
  • LQ/RajHC/2009/777
Head Note

Limitation Act, 1963 — S. 5 and Or. 2 R-r. 1(a) — Delay in filing revision — Condonation of — Petitioner seeking permission to withdraw petition with liberty to file revision petition before revisional Court with an application under S. 5 of Limitation Act for condonation of delay in filing thereof — Prayer held, is reasonable and hence allowed — Criminal Procedure Code, 1973, S. 397