Bar On Second Revision Petition Can't Be Circumvented By Clever Drafting: Rajasthan High Court Dismisses NI Act Plea

The Rajasthan High Court has reiterated that a second revision petition is not maintainable and mere clever drafting or change in nomenclature at the time of filing can't circumvent the law.

Justice Farjand Ali remarked, "The transformation in procedural attire cannot alter the juridical character of the proceedings...The true nature of a proceeding is to be determined by the essence of the relief claimed and not by the nomenclatural device adopted by the litigant."

For context, the Court was hearing a criminal petition against a Sessions Court order that upheld the trial court's denying interim compensation under Section 143A of the Negotiable Instruments Act, in a cheque bounce case.

The Court stated that even though the nomenclature used for filing the proceedings was not that of criminal revision, in essence, the petition sought reconsideration of the very order which had already been subjected to revisional scrutiny by the additional sessions judge. There was no change in the substance.

While underscoring the statutory prohibition against entertainment of second revision by the same party under Section 397(3), CrPC, the Court held that judicial scrutiny could not be thwarted by semantic innovation.

It was held that such embargo was to ensure finality in adjudication, maintain procedural discipline and prevent multiplicity of challenges. Furthermore, the inherent and supervisory jurisdiction of the Court was reserved for rare and compelling situations reflecting palpable injustice.

In this background, the Court observed that the petitioner did not point out any perversity, arbitrariness, material irregularity or jurisdictional infirmity in the orders passed by the lower courts.

Hence, it was held that courts must look beyond form to substance.

Accordingly, the petition was dismissed.

Title: Jai Kishan v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 63

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