(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the order dated 21/12/17 passed by learned Additional Session Judge, Jabalpur in S.T. No.651/17 where by learned ASJ discharged the non applicants No. 2 to 4 for the offences punishable under Section 467, 468 and 471 of the IPC.
(2.) As per prosecution case, on 29.07.2017 complainant Karan Kohli lodged a report at Police Station Omti, District Jabalpur averring that he is a dealer of bikes of Yamaha Company and runs the business in the name of M/s. Tilak Raj Motors. On 02/01/17, non applicant No.4/accused Dinesh Ankar met him and introduced himself as CBI Inspector and told that up to the end of year 2017, CBI has to supply 1200 vehicles to the various persons who worked for the department and non applicant No.2 Shakti Singh, non applicant No.3 Harikant Bhardwaj and non applicant No.4 Dinesh Ankar purchased 135 two wheelers worth of Rs.97,42,913/- on credit and in lieu of that amount they gave three cheques of Rs.20 Lakhs, 25 Lakhs and 25 Lakhs respectively. But said cheques were dishonoured. Thus they cheated complainant.
(3.) On that police registered Crime No.339/2017 for the offence punishable under Section 170, 419, 420, 467, 468, 471, 34 and 120-B of the I.P.C. against non applicant Nos.2 to 4 and investigated the matter and during investigation also seized one forged identity card from the possession of non applicant No.4 on 06/08/17 and filed charge-sheet after investigation against the non applicant Nos.2 to 4 for the offence punishable under Sections 170, 419, 420, 467, 468, 471, 34 and 120 and 120-B of the I.P.C. before learned JMFC, Jabalpur who committed the case to the Court of Session. On that S.T.No.651/2017 was registered and the ASJ Jabalpur by order dated 21/12/2017 discharge the respondent Nos.2 to 4 for the offence punishable under Section 467, 468 and 471 of the I.P.C. and remanded the case under Section 228 of the Cr.P.C. to CJM, Jabalpur for trial observing that the other offences are triable by JMFC. Being aggrieved from that order complainant Karan Kohli filed this revision.