VIKRAM MEGHWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Instant revision under Sec. 397 read with Sec. 401 CrPC has been preferred by the complainant assailing the order dtd. 22/6/2015 passed by the Judicial Magistrate First Class, Rajnandgaon, in Criminal Case No.888/2015 whereby the application under Sec. 319 CrPC filed by the prosecution was rejected. The petitioner also intends to challenge the order dtd. 12/5/2016 passed by the Additional Sessions Judge (Atrocities), Rajnandgaon in Criminal Revision No.53/2015 whereby the revision preferred against the order of JMFC, Rajnandgaon, dtd. 22/6/2015 also got rejected.

(2.) The brief facts relevant for adjudication of the present petition is that,a complaint was lodged by the present petitioner in respect of an act of cheating and fraud played by the respondent No.2 before the police Station, Basantpur, District Rajnandgaon, in Crime No.40 of 2015. The offence registered against the respondent No.2 was under Ss. 381,406 and 420 IPC. In due course of time, charge sheet was filed before the concerned court on 7/4/2015 and charges were also framed on 2/12/2015. Thereafter, the matter has been proceeded for recording of prosecution evidence.

(3.) Pending the trial, an application under Sec. 319 CrPC was filed by the prosecution on 28/5/2015 seeking for impleading the wife and son of the respondent No.2 as accused persons. The said application of the prosecution was on the basis of materials in the charge sheet and memorandum statement of respondent No.2-accused who has in his memorandum, admitted commission of offence by him. He has also stated that money received by him on account of his fraudulent act that he has committed has been credited to his account and some portion of the amount has also been credited in the name of his wife and son.