ASHOK GUPTA Vs. CHARANJEET NAGPAL

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been preferred by the petitioner, assailing the order dated 12.4.2019 passed by Judicial Magistrate First Class Gwalior in Case No. 8472/2014, whereby the trial Court has directed for enquiry under Section 202 of CrPC, to be conducted by a specific Police Officer and investigate the matter on the line and issues set out by the Court itself.

(2.) The facts in short giving rise to the present petition are that the respondent filed a complaint against the petitioners alleging that on a proposal given by the petitioners to sell the property the complainant has agreed to purchase the same and complainant had given four cheques to the petitioner but the sale deed was not executed by the petitioners. Thereafter it came to know that there is some dispute pending in relation to the property under agreement, then on the assurance given by the petitioners that they will settle the dispute, the date of the cheques has been changed from 20.4.2012 to 3.8.2012. The complainant has further stated that neither agreement was executed nor cheques were returned, therefore, the complainant informed the bank to stop the payment. With a view to commit fraud the petitioners presented the cheques which were given as security, to the bank and the cheques were dishonoured. Therefore, the complaint was filed against the petitioners for committing offences punishable under Sections 420, 406, 120-B of IPC. It is pertinent to note here that the petitioners have also filed complaint against the respondent under Section 138 of Negotiable Instruments Act. The trial Court by order dated 14.7.2014 took cognizance against the petitioners under Sections 420, 406, 120-B of IPC. Against this order, the petitioner No.1 filed revision before the Sessions Court, Gwalior. The Revisional Court set aside the order dated 14.7.2014 passed by the trial Court and directed to pass the order afresh in accordance with law. Thereafter, the trial Court has passed the impugned order dated 12.4.2019 directing for enquiry under Section 202 of CrPC and investigation in the matter accordingly.

(3.) It is submitted by the learned counsel for the petitioners that under Section 202 of CrPC the Magistrate is not having jurisdiction to specify the name of any particular person (police officer) to enquire into the matter. It is contended that once the Court has proceeded to enquire into the matter, itself recorded evidence then the investigation by a police officer cannot be directed, thus the order impugned is clearly without jurisdiction. The respondent has set out a concocted story to implicate the petitioners in a false case as a counterblast to the complaint filed by the petitioners against the respondent under Section 138 of Negotiable Instruments Act. Hence, prayed for allowing the present petition filed under Section 482 of CrPC and setting aside the impugned order dated 12.4.2019.