SWAPNIL SOHANE Vs. SUNIL ARORA

JUDGEMENT

(1.) This revision under Sec. 397/401 of the Code of Criminal has been filed by the applicants being aggrieved by order dtd. 31/12/2018 passed by the Second Additional Sessions Judge, Waraseoni in Criminal Revision No.95/2016 whereby the order of Additional Chief Judicial Magistrate, Waraseoni dtd. 1/12/2016 has been set aside.

(2.) As per applicants the order passed by the trail Court has been perversely set aside by the lower revisional court because it failed to understand that when compromise has already been made under Sec. 138 of the Negotiable Instruments Act (for short "NI Act"), the direction for registration of a criminal case in respect of same transaction, is abuse of process of Court.

(3.) In brief, the facts of the case are that respondent filed a criminal case under Sec. 420, 467, 468, 471, 34 of the Indian Penal Code on the ground that applicants have entered into sale agreement in respect of certain agricultural lands, which could not be materialized, due to mortgage and sale of such lands to other persons. The respondent filed a complaint under Sec. 138 of N.I. Act, which was subsequently compromised, as stated earlier. The Additional Chief Judicial Magistrate, Waraseoni vide order dtd. 1/12/2016 refused to issue direction under Sec. 156(3) of Cr.P.C. for registration of FIR against the applicants and directed the Police to submit an information with regard to enquiry conducted in respect of earlier complaints. Thereafter, the respondent filed a revision before the First Additional Sessions Judge, Waraseoni alleging that the learned trial Court has wrongly rejected the application under Sec. 156(3) of Cr.P.C., even though there was sufficient ground to call for the report. The respondent has cheated the applicants. The property which was under agreement for sale has already been sold to some other persons and it was mortgaged with the Bank. It cannot be said that the dispute was purely of civil nature. Hence, order passed by the trial Court is liable to be set aside.