LAXMIKANT TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Code") has been filed against the order dtd. 29/12/2022 passed by Second Additional Sessions Judge, Durg in Criminal Revision No.201/2022 arising out of order passed by Judicial Magistrate First Class, Durg in Criminal Case No.3153/2018, whereby application filed by the petitioner under Sec. 239 Cr.P.C. for discharge the accused has been dismissed.

(2.) Learned counsel for the petitioner would submit that the main allegation is against the Baikunth Prasad Upadhyay who has given the assurance to double the money invested by the complainant and the said person in deceitful manner given the account of the petitioner in which complainant has transferred the money to the tune of Rs.8.00 Lacs and the petitioner has already given the said money to Baikunth Prasad Updhyay. So the present petitioner has no role in the said crime and the petitioner was cheated by Baikunth Prasad Upadhyay however he was not implicated in the charge-sheet. Thereafter, the petitioner moved application under Sec. 239 of the Code but the same dismissed by the trial Court. Hence, this petition has been filed. He placed reliance in the matter of Rekha Jain Vs. State of Karnataka and another reported in (2022) 3 SCC 497. He lastly submits that the impugned orders are bad in law as the petitioner nor met with the complainant neither he had opportunity to make any dishonest inducement with the complainant, therefore, the petitioner deserves to be discharged from the accusation and the entire criminal proceeding deserves to be quashed.

(3.) Opposing the submission made by learned counsel for the petitioner, learned State counsel supports the impugned orders and would submit that at the stage of the charge, the Court is not required to meticulously examine the evidence as prima facie sufficient ingredients are available in the charge-sheet against the petitioner. Therefore, this petition has no merit and the same deserves to be dismissed.