IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 134/2008 HASTI MAL CHHAJED Vs. SMT. SATISH SHARMA & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Petitioner Hasti Mal Chhajend himself present in person. Mr. Jagdish Lamba, Public Prosecutor for the State. Mr. Rajesh Moondia for the complainant. **** The present criminal misc. petition under Section 482 Cr.P.C. is preferred by the petitioner against the judgment dated 14.12.2007 passed by the Additional Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate No.3, Jaipur City, Jaipur in Criminal Complaint Nos. 262/2006, 263/2006, 264/2006 and 265/2006, by which the petitioner has been convicted and sentenced as under:- In Criminal Complaint No. 262/06 U/S 138 of the N.I. Act R.I. for three months and a fine of Rs. 75,000/-, in default of payment of fine to further undergo one month's R.I. In Criminal Complaint No. 263/06 U/S 138 of the N.I. Act R.I. for three months and a fine of Rs. 75,000/-, in default of payment of fine to further undergo one month's R.I. In Criminal Complaint No. 264/06 U/s 138 of the N.I. Act R.I. for three months and a fine of Rs. 75,000/-, in default of payment of fine to further undergo one month's R.I. In Criminal Complaint No. 265/06 U/S 138 of the N.I. Act R.I. for six months and a fine of Rs. 7,00,000/-, in default of payment of fine to further undergo three month's R.I. The petitioner himself present in the Court and argued the case. A pertinent query was made from him as to why he has not filed any appeal against the judgment of his conviction and sentence passed by the trial Court and this Court was informed that the petitioner has already filed appeal against the judgment of his conviction and sentence passed by the trial Court and the same is pending consideration. Thus, the present criminal misc. petition filed by the accused-petitioner under Section 482 Cr.P.C. against the conviction order is not maintainable as the petitioner has already availed the opportunity of filing appeal against the conviction order and the same is pending and the parallel remedy under Section 482 Cr.P.C. cannot be invoked by the petitioner. Consequently, the misc. petition fails being misconceived and devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/ S.B. CRIMINAL MISC. STAY APPLICATION NO. 82/2008 IN S.B. CRIMINAL MISC. PETITION NO. 134/2008 HASTI MAL CHHAJED Vs. SMT. SATISH SHARMA & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Petitioner Hasti Mal Chhajend himself present in person. Mr. Jagdish Lamba, Public Prosecutor for the State. Mr. Rajesh Moondia for the complainant. **** As the criminal misc. petition has been dismissed today, the stay application also stands dismissed. (K.S. RATHORE)J. /KKC/