HARI OM MAHESHWARI Vs. MAHENDRA KUMAR SHARDA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner complainant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973(Cr. P.C.) against the order dated 29th September, 2009 passed by the learned Additional Sessions Judge whereby respondent no. 1 was discharged after setting aside the order dated 7th June, 2008 of the learned Magistrate whereby the respondent no. 1 was ordered to be charged and tried for the offences punishable under Sections 420/468 IPC.

(2.) THE facts and submissions made before the learned Magistrate as noticed in the impugned judgment are as under:-

(3.) THE respondent no. 1 had challenged the Magistrates order by filing a revision petition in the Sessions Court and the learned Additional Sessions Judge vide his impugned order set aside the Magistrates order after coming to the conclusion that no case was made out against the accused (respondent no. 1 herein) either under Section 420 or 468 of the Indian Penal Code and further that at the most it could be said that a case under Section 403 IPC was made out but since the police could not investigate that crime without the permission of the Magistrate no charge could be framed for that offence also and consequently respondent no. 1 came to be discharged.