JAGPAL YADAV Vs. RAI SINGH & ORS

JUDGEMENT

(1.) The petitioner had filed a criminal case (CC No.254/3) on 16.12.2008 against the respondents seeking their prosecution for offences punishable under Sections 406/420/468/471/120-B of the Indian Penal Code, 1860 (IPC). The Metropolitan Magistrate held inquiry into the said complaint case, in the course of which evidence was adduced by him by examining five witnesses including himself. The said evidence was considered but, by order dated 12.03.2013, the magistrate formed a view that the allegations made out a dispute of civil nature on which no criminal action could be brought and, thus, the complaint was dismissed.

(2.) The said order was challenged by the petitioner in the court of Sessions invoking its revisional jurisdiction (CR No.34/2014, old No.69/2013). The petition was dismissed by the court of Sessions by order dated 27.01.2015, upholding the view taken by the magistrate.

(3.) Feeling aggrieved with the orders of the two courts below, the present petition was filed invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.).