GURCHARAN SINGH ARORA ALIAS BHAPAJI Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure praying inter alias for quashing of the order dated 01.07.2010 passed by the learned ASJ, dismissing the revision petition preferred by him against the order dated 22.01.2010 passed by the learned Metropolitan Magistrate, where under charge was framed against the Petitioner under Section 406 IPC, with an alternative charge under Section 420 IPC.

(2.) In the complaint dated 18.09.2007, the complainant had alleged that the Petitioner/accused had assured her of a shop in Chandni Chowk, on payment of an amount of 12,90,000/-. However once such an amount was paid to the Petitioner, he avoided meeting the complainant and allegedly threatened her when she tried to approach him for return of the amount paid. After the investigation was carried out, charge-sheet was filed on 28.03.2008, wherein it was stated that there was sufficient evidence to file a charge-sheet under Sections 420 and 406 IPC against the Petitioner, for cheating the complainant and fraudulently and dishonestly taking an amount of 12,90,000/- from her, on a false assurance of arranging a shop for her in Chandni Chowk.

(3.) Vide order dated 22.01.2010, the learned Metropolitan Magistrate held that prima facie offence under Sections 406/420 IPC was made out against the Petitioner and accordingly, charges were framed against him. Aggrieved by the said order, the Petitioner preferred a revision petition before the leaned ASJ, which was dismissed by the impugned order dated 01.07.2010 as being devoid of merits.