MOHAN MANDELIA Vs. HARISH SHARMA

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure, 1973 is directed against the order dated 4th December, 2009 passed by the Revisional Court in Criminal Revision No. 369/09 affirming the order of the Trial Court dated 1st September, 2009 dismissing his complaint filed against respondent Nos. 1 and 2 for offences under Sections 417, 418 , 419. 420, 379 and 120-B of I.P.C. Briefly stated the facts giving rise to this petition are that the petitioner being the complainant had lodged a report with the police of Police Station University on 5th April, 2007 that he had an account in IDBI Bank and on 5th April, 2007. when he was going to bank for getting the vehicle financed, at that time, he was having 7 cheques with him, bearing Nos. 499127, 499128, 499135 to 499139, some of which were signed and some were unsigned and they all were lost when he was on his way. Subsequently, after about an year of lodging of the above complaint, the petitioner (complainant) came to know that Snit. Sitabai Sharma, mother of respondent Nos. 1 and 2 had presented one out of seven cheques, which the petitioner had lost on 5th April, 2007, for encashment in her bank account by forging the amount of cheque showing it to be of Rs. 16 lacs and when he came to know of this fact, he lodged a complaint case against the mother of respondent Nos. 1 and 2 with regard to presentation of cheque of Rs. 16 lacs being one out of the seven lost cheques, but the said complaint filed by the petitioner against the mother of respondent Nos. 1 and 2 along with them was dismissed by the Trial Court and the said order attained finality as it was not assailed by the petitioner before any higher Court. However, after the first complaint against the mother of respondent Nos. 1 and 2 along with them was dismissed by the Court, the respondent Nos. 1 and 2 presented two more cheques out of seven lost cheques in their respective hank accounts, one bearing No. 499137 was for an amount of Rs. 2000 presented by respondent No. 1 in his bank account for encashment and the other cheque hearing No. 499136 was of Rs. 4,000/- and was presented by respondent No. 2 for encashment in her hank account. Since these two cheques presented by the respondent Nos. I and 2 were not issued by the petitioner, the petitioner lodged a complaint case against the respondent Nos. 1 and 2 for proceeding against them under Section 417, 418 , 419, 420, 379 and 120-B of I.P.C, which was dismissed by the Trial Court. The said order of the Trial Court has been affirmed by the Revisional Court vide impugned order dated 4th December, 2009 in Criminal Revision No. 369/09. It is this order of the Revisional Court which is under challenge in the present petition under Section 482 of Cr.PC.

(2.) The case of the petitioner is that the Trial Court in the course of recording of pre-summoning evidence had allowed respondent Nos. 1 and 2 also to intervene and participate in the proceedings without reaching to the stage of their summoning under Section 204 of Cr.PC. The impugned order of the Revisional Court is based upon the fact of dismissal of earlier complaint of the petitioner against the mother of respondent Nos. I and 2 including them. Para 7 of the impugned order, which contains foundation of the said order, is relevant and extracted herein below :

(3.) On a perusal of the reasoning given by the Revisional Court as a ground of dismissal of the subsequent complaint of the petitioner, it may be seen that the Trial Court as well as the Revisional Court have overlooked the fact that the subsequent complaint filed by the petitioner against respondent Nos. 1 and 2 pertained to two cheques bearing Nos. 499136 and 499137, which were included in the list of seven lost cheques regarding which complaint was lodged by the petitioner with the police two years back on 5th April, 2007 and those two cheques out of the seven lost cheques were alleged to have been misused by respondent Nos. 1 and 2 by depositing the same for encashment in their respective bank accounts.