LAWS(SC)-2018-4-211

RAM JEEVAN SAINI Vs. STATE OF RAJASTHAN

Decided On April 06, 2018
Ram Jeevan Saini Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned order the High Court has refused to quash the proceedings inCriminal Case No. 223 of 2014 arising out of FIR No. 102/2013 pending before theAdditional Chief Judicial Magistrate-II, Srimadhopur, Sikar, Rajasthan instituted by therespondent complainant.

(3.) Having considered the materials on record we are inclined to take the view that theaccused appellant is justified in contending that the complaint against him by therespondent-complainant, in respect of which he had sought interference of the High Courtunder Sec. 482 of the Code of Criminal Procedure, 1973 was a counter-blast to theproceedings under Sec. 138 of the Negotiable Instruments Act, 1881 initiated by himagainst the respondent-complainant.