Raj HC declines petition holding it partakes character of second revision

Jaipur/Jodhpur: The Rajasthan High Court has held that a petition which, in substance, seeks reconsideration of an order already subjected to revisional scrutiny partakes the character of a second revision and cannot be entertained in view of the statutory bar under Section 397(3) of the Code of Criminal Procedure.

The order was passed by Justice Farjand Ali in S.B. Criminal Misc.(Pet.) No. 2676/2024, Jai Kishan vs State of Rajasthan & Anr., decided on February 10, 2026.

The petitioner–complainant had instituted proceedings under the Negotiable Instruments Act and moved an application under Section 143A of the Act before the Metropolitan Magistrate No.3, Jodhpur, seeking interim compensation to the extent of 20% of the cheque amount. By reasoned order dated 01.02.2023 in Case NCV No.6393/2020, the Magistrate declined the relief.

The petitioner carried the matter in revision before the Additional Sessions Judge No.2, Jodhpur in Criminal Revision No.06/2023 & NCV No.105/2023. By order dated 24.11.2023, the revisional court affirmed the determination of the trial court, resulting in concurrent findings against the petitioner.

When the matter was brought before the High Court, the Court recorded that although the present petition was couched under a nomenclature distinct from that of a criminal revision, it essentially sought reconsideration of the very order already subjected to revisional scrutiny. Upon a careful reading of the pleadings, grounds and relief sought, the Court held that the substance of the challenge remained unchanged and that transformation in procedural attire cannot alter the juridical character of the proceedings.

The Court observed that the procedural history demonstrated that the petitioner, having suffered an adverse order from the Magistrate and having availed the statutory remedy of revision before the Sessions Court, was attempting to re-open the identical issue before the High Court. Such a course, irrespective of the terminology employed, partakes of the character of a second revision.

Referring to Section 397(3) CrPC, the Court recorded that the provision enacts a clear prohibition against entertaining a second revision at the behest of the same party. The Court further observed that where the legislative scheme imposes an embargo, the same cannot be diluted by procedural ingenuity.

The Court also noted that although its inherent and supervisory jurisdiction may be invoked to rectify patent illegality, jurisdictional transgression or manifest miscarriage of justice, such extraordinary powers are not to be employed as a substitute for revisional remedies already exhausted and are reserved for rare and compelling situations.

On the merits, the Court recorded that the learned Magistrate exercised the discretion conferred under Section 143A of the Negotiable Instruments Act in a judicious and balanced manner. The provision confers discretionary authority and does not mandate automatic award of interim compensation. The order of the trial court disclosed a reasoned analysis and conscious application of mind. The revisional court, upon independent examination, concurred with the reasoning and found no justification for interference.

The High Court held that no exceptional or extraordinary circumstance had been demonstrated and that no perversity, arbitrariness, material irregularity or jurisdictional infirmity had been shown in the concurrent orders passed by the courts below.

In view of the statutory bar against a second revision and the absence of any manifest illegality or miscarriage of justice, the Court found no lawful basis to unsettle the determinations rendered by the courts below. Consequently, the petition was dismissed.

Case Title
Jai Kishan vs State of Rajasthan & Anr.

Case Number
S.B. Criminal Misc.(Pet.) No. 2676/2024

Court
High Court of Judicature for Rajasthan at Jodhpur

Bench
Justice Farjand Ali

Date of Order
10/02/2026

Advocates
For the petitioner: Ms. Radha Bishnoi
For the respondents: Mr. Surendra Bishnoi, AGA; Mr. Sukesh Bhati