1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT Raghuveer Singh Vs. State of Rajasthan & anr. SB CRIMINAL MISC. PETITION NO.1315/2010. Under Section 482 Cr.P.C. DATE OF ORDER: 2nd August, 2010. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Pankaj Gupta for the petitioner. Mr. G.S. Fauzdar PP for the State. BY THE COURT:- In this criminal misc. petition under section 482 Cr.P.C., challenge has been made to the order dated 10.03.2010 passed by the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur in Criminal Revision No.29/2010 whereby the learned revisional court upheld the order dated 16.12.2009 passed by the Civil Judge (Senior Division) and Additional Chief Judicial Magistrate No.12, Jaipur city, Jaipur dismissing the application filed on behalf of the petitioner under section 328(3) Cr.P.C. Briefly stated, the facts for the disposal of the present petition are that the petitioner is facing trial for the offence under section 138 of the Negotiable Instruments Act, 1881 (here-in-after to be referred as, 'the Act'). An application was moved in the trial court that the criminal proceedings require to be stayed against 2 the petitioner as he is a patient of Schizophrenia and does not understand as to for what the matter is and also for what he is facing trial. The learned trial court asked some questions from the petitioner and also got satisfied that he was capable enough to understand regarding court proceedings and the trial which he is facing. The trial court also examined the report of the medical board in this regard. The trial court after considering the entire matter, rejected the application moved under section 328(3) Cr.P.C. on 16.12.2009. The revision petition preferred against the order dated 16.12.2009 has also been dismissed by the revisional court vide order dated 10.03.2010. Hence, the present petition has been filed. It has been the contention of the learned counsel that in view of the provisions of section 328 Cr.P.C., the criminal proceedings require to be stayed against the petitioner as he is a patient of Schizophrenia and in fact he is of unsound mind. I have considered the submissions made before me and have carefully perused the impugned orders challenged in this petition. It appears that since 2003, complaint is pending before the trial court and up till now it could not be disposed of. The petitioner is delaying the matter for one reason or the other. As regard competence of the petitioner to understand the proceedings against him are concerned, the trial court had put several questions to him and also examined the medical report. The 3 revisional court also examined the medical report and the opinion of the medical board and finding that the application moved by the petitioner was liable to be dismissed, therefore, did not grant any relief to him. The provisions contained under section 328 Cr.P.C. are in relation to the procedure to be adopted in case a person is of unsound mind. In the present case, from the opinion of the medical board, it cannot be said that the petitioner is a person of unsound mind and consequently he is incapable of making his defence in the case. The learned trial court has also enquired from the petitioner in this behalf and also examined the medical report and the opinion of the medical board, therefore, I do not find any substance in the contention of the learned counsel for the petitioner to stay the proceedings pending against the accused- petitioner in the trial court under the provisions of the Negotiable Instruments Act, 1881. The petition is devoid of merit and is liable to be dismissed. In the result, this misc. petition is dismissed. (S.P. PATHAK,J) BBLM