MUNNI DEVI JAIN(SMT.) Vs. ABHISHEK JAIN

JUDGEMENT

(1.) The applicant has moved the present petition under Section 482 of Cr.P.C. to quash the proceedings of the Criminal Complaint Case No. 510/2010 pending before the Judicial Magistrate First Class, Ashok Nagar (M.P.) which is registered for offence under Section 379 of IPC.

(2.) Facts of the case, in short, are that on 17.03.2009 a complaint was filed by the respondent against the applicant that she had stolen a blank cheque signed by the respondent and signatures were appended. Thereafter, the applicant moved a complaint under Section 138 of the Negotiable Instruments Act that the cheque given by the respondent was dishonoured and notice was given on 16.08.2008. Then the complaint was filed by the respondent that there was no transaction between the parties relating to the cheque and therefore it was stolen.

(3.) Initially, the concerned Magistrate registered the criminal complaint for offence under Section 379 of IPC vide order dated 01.04.2010, however, in revision the revisionary court vide order dated 24.05.2010 remanded the matter for consideration of various other offences. Again, the trial court heard the arguments, registered the complaint case for offence under Section 379 of IPC and consequently order dated 29.03.2011 was passed and the complaint was registered.