AKANSHA KANNOUJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 (for short 'CrPC') is preferred by petitioner seeking quashment of order dtd. 2/11/2022 passed in S.T. No.280/2021 by which learned Additional Sessions Judge (FTC) Bilaspur has framed a charge under Sec. 420 of the Indian Penal Code, 1860 (for short 'IPC') against the petitioner.

(2.) Facts relevant for disposal of present case are that on 7/6/2017 complainant lodged written complaint in concerned police station mentioning that in the year 2011 she came into contact with petitioner's husband namely Amit Kumar Kannauj and friendship developed between them. On the pretext of providing job to her in Railways, petitioner's husband has obtained a total sum of Rs.6,48,150.00, which she has given to him either in cash or deposited in his account on different occasions. Thereafter, petitioner's husband took the complainant to Puri (Odhisha) on the pretext of her interview and there he established physical relation with her without her wish. It is further alleged that once when she went to the house of petitioner's husband to give money, there also he established physical relation with her. Said Amit Kumar Kannauj neither got the job for complainant nor returned money to her. The complainant, when demanded her money back, said Amit Kumar Kannauj threatened her for life. It is further alleged that petitioner herein executed an agreement to repay the amount given to her husband in monthly instalments within 1' year, but she also did not return the amount and thus by her acts she facilitated wrongful gains to her husband and thereby both have cheated complainant. Based on written complaint of complainant, Police registered offence under Sec. 376, 420, 34 of IPC against petitioner and her husband.

(3.) Upon completion of investigation, police filed charge sheet against petitioner and her husband for the offences enumerated above. The case came to be committed to the Court of Additional Sessions Judge (FTC), Bilaspur, who after taking into consideration the material available in the charge sheet, arrived at a conclusion that action on the part of petitioner falls within the ambit of 'cheating' which is punishable under Sec. 420 of IPC, and accordingly framed the charge under Sec. 420 IPC against her, the same was read over to her and she pleaded not guilty and claimed to be tried. Feeling aggrieved by order of framing charge, petitioner has filed this criminal revision.