RAKHI VIJAYVARGIYA Vs. PURUSHOTTAM PATIDAR

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. is directed against the order passed by learned 9 th Additional Sessions Judge, Indore in Cr.R. No.252/2008 dated 26.09.2012 whereby, learned Additional Sessions Judge affirmed the order passed by learned JMFC in Criminal Case No.561/2005 dated 01.08.2007 and 20.02.2008.

(2.) The factual background giving rise to this application in brief is that respondent Purushottam Patidar filed a criminal complaint against the present applicant under sections 420, 406 and 467 of IPC. The brief facts stated in the complaint were that one boring machine, which was mounted on Layland truck was to be purchased by the respondent alongwith his partner Govindraju.

(3.) They approached the complainant through one Hemant Mishra and it is alleged that the present applicant financed the deal and extended loan of Rs.1,50,000/- keeping some blank stamp papers signed by the complainant and his partner and also some blank cheques. Registration book of the vehicle was also handed over to the present applicant. It is further alleged that machine including the vehicle was transferred by the present applicant and her husband to one Rakesh S/o Amritlal Yadav. On the basis of these facts, the complaint was lodged. Learned JMFC after recording statement of complainant under section 200 of Cr.P.C. passed order dated 20.01.2004 and on finding that it was only a loan transaction and the transaction of civil nature, he dismissed the complaint under section 203 of Cr.P.C. Against this order, revision was filed before 21st Additional Sessions Judge, Indore, which was registered as Criminal Revision No.123/2004 and disposed of by order dated 27.04.2004 and learned Additional Sessions Judge in his order remanded the case back to the Magistrate with direction to record further evidence if produced by the complainant and reconsider the matter. In compliance of this order, the Magistrate again passed order dated 04.06.2005 and again dismissed the complaint under section 203 of Cr.P.C. Against this order another CRR No.616/2005 was filed before learned Sessions Judge, Indore and the same was disposed of by order dated 20.09.2005. Learned Sessions Judge allowed the revision and directed the Judicial Magistrate to register complaint under section 420, 406 and 467 of IPC. However, in para 4 of the order, learned Sessions Judge mentioned that no notice was given to the present applicant before disposing of the revision. On the basis of this order, the learned Magistrate proceeded to register the complaint and the complaint was registered at Criminal Case No.561/2005 and proceeded to frame charges. Against this order again, Criminal Revision No.252/2008 was filed before the Court of 9th Additional Sessions Judge. Learned Additional Sessions Judge affirmed the order framing charges by the Magistrate. Subsequently, the matter reached to this Court in first round of litigation and on application under section 482 of Cr.P.C was filed. The same was registered as MCRC No.5905/2009 and disposed of by the Coordinate Bench of this Court vide order dated 17.04.2012. The short order passed by the Coordinate Bench of this Court is reproduced here as under in full:-