Rajasthan High Court – Jaipur
Surendra Jain S/O Prakash Chand Jain vs Ashok Kumar S/O Banwari Lal on 17 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:26814]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3404/2025
Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh Nagar,
Bundi Road,near Riddhi Siddhi Nagar, Kunhari Kota, District
Kota , Raj. Proprietor M/s Arihant Explotech, Head Office 17, 18
Adarsh Nagar, Bundi Road,near Riddhi Siddhi Nagar,kunhari
Kota, Dist. Kota, Raj.
----Petitioner
Versus
1. Jagmal Singh S/o Partaram, R/o Kaali Pahari,tehsil
Neemrana, Dist. Alwar (Raj).
2. The State Of Rajasthan, Through Public Prosecutor.
—-Respondents
Connected with
S.B. Criminal Miscellaneous (Petition) No. 3416/2025
Surendra Jain S/o Prakash Chand Jain, Aged About 99 Years,
R/o 17-18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi Nagar,
Kunhari Kota, District Kota Raj. Proprietor M/s Arihant
Explotech, Head Office 17, 18 Adarsh Nagar, Bundi Road, Near
Riddhi Siddhi Nagar, Kunhari Kota, Dist. Kota, Raj.
—-Petitioner
Versus
1. Ashok Kumar S/o Banwari Lal, R/o Village Kalipahari,
Tehsil Neemrana District Alwar, Raj.
2. The State Of Rajasthan, Through Public Prosecutor.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 3436/2025
Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh
Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota,
District Kota Raj. Proprietor M/s Arihant Explotech, Head
Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi
Nagar, Kunhari Kota, Dist. Kota, Raj.
—-Petitioner
Versus
1. Firm Nishat Construction Company, H-45 Riico
Indusrial Area Shahjahanpur Tehsil Neemrana Dist.
Alwar, Rajasthan Through Partner Girish Kumar S/o
Niranjanlal R/o Village Beejwad Chouhan, Tehsil
Mundawar, Dist. Alwar (Raj).
2. The State Of Rajasthan, Through Public Prosecutor.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 3437/2025
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[2025:RJ-JP:26814] (2 of 3) [CRLMP-3404/2025]
Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh
Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota,
District Kota Raj. Proprietor M/s Arihant Explotech, Head
Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi
Nagar, Kunhari Kota, Dist. Kota, Raj.
—-Petitioner
Versus
1. Jagmal Singh S/o Partaram, R/o Kaali Pahari, Tehsil
Neemrana, Dist. Alwar, Raj.
2. The State Of Rajasthan, Through Public Prosecutor.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 3438/2025
Surendra Jain S/o Prakash Chand Jain, R/o 17-18 Adarsh
Nagar, Bundi Road, Near Riddhi Siddhi Nagar, Kunhari Kota,
District Kota Raj. Proprietor M/s Arihant Explotech, Head
Office 17, 18 Adarsh Nagar, Bundi Road, Near Riddhi Siddhi
Nagar, Kunhari Kota, Dist. Kota, Raj.
—-Petitioner
Versus
1. Jagmal Singh S/o Partaram, R/o Kaali Pahari, Tehsil
Neemrana, Dist. Alwar, Raj.
2. State Of Rajasthan, Through Public Prosecutor.
—-Respondents
For Petitioner(s) : Ms. Harshita Sharma for
Dr. Mahesh Sharma
For Respondent(s) : Mr. M. S. Shekhawat, PP
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
17/07/2025
The present petitions have been filed under Section 528
BNSS seeking directions for quashing the order dated 21.11.2023
passed by learned trial Court, whereby, learned trial Court has
upheld the order dated 15.03.2022 passed under Section 138
Negotiable Instrument Act, 1881, whereby application filed by the
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[2025:RJ-JP:26814] (3 of 3) [CRLMP-3404/2025]
petitioner under Sections 204, 195 r/w 340 Cr.P.C has been
dismissed and application filed by complainant has been allowed
for deposition of 20% cheque amount as interim compensation of
Rs. 4 Lacs qua the three employees.
Learned counsel for the petitioner has submitted that upon
deposition of 20% amount to the complainant, who were ex-
employees, nothing will be left for recovery qua the fraud
committed by the ex-employees.
Considering the foregoing facts and circumstances of the
case, this Court has noted that under the provisions of Section
143A of NI Act, mechanism qua recovery are specified. Therefore,
this Court is not inclined to interfere with the impugned orders.
Howsoever, it is made clear that petitioner is at liberty to file an
appropriate application seeking directions for securing interim
compensation amount, if petitioner succeeds in the present
matters, and concerned Court is directed to pass appropriate
orders, in accordance with law, if they deems it appropriate.
In above terms, present petitions are disposed of.
It is made clear that no prejudice be caused to either of the
parties on account of the present order.
Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
Pooja /32,35-38
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