CHET RAM GUPTA Vs. S. P. GUPTA

JUDGEMENT

(1.) The father of the petitioner had instituted a criminal complaint (CC no. 616570/2016) on 07.02.1992, inter alia, against the respondent alleging offences punishable under Sections 420 and 120 B of Indian Penal Code, 1860 (IPC) having been committed. On the basis of pre-summoning evidence, the respondent was summoned as accused. Since the case arose out of a private complaint, it involving an offence triable as a warrant case, pre-charge evidence was led. On conclusion of the said exercise, the Metropolitan Magistrate considered as to whether charge was made out on the evidence that had been adduced. By order dated 06.11.2017, the Metropolitan Magistrate answered the said issue in the negative and, thus, dismissed the complaint discharging the respondent under Section 245 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.).

(2.) The abovesaid order was challenged without success in the court of Sessions, the criminal revision no. 01/2018 having been dismissed by order dated 12.02.2019.

(3.) It may be mentioned here that the original complainant Chet Ram Gupta died during the pendency of the proceedings before the trial court, the petitioner being his son and legal heir, having continued with its prosecution thereafter.