ARUN GUPTA Vs. J.P. MEENA

JUDGEMENT

(1.) The prayer in this petition under Sec. 482 Cr.PC is for setting aside order dtd. 20/12/2014 (Annexure P-5) passed by the Judicial Magistrate Ist Class, Rohtak vide which the respondent/accused came to be discharged and the order dtd. 17/9/2015 passed by Additional sessions Judge, Rohtak (Annexure P-7) whereby the order of discharge was upheld with a further prayer that the proceedings be continued against the respondent /accused in furtherance of the complaint dtd. 23/5/2012 and summoning order dtd. 29/10/2013.

(2.) The brief facts of the case are that the petitioner-complainant (hereinafter known as the complainant) filed a complaint under Sec. 500 IPC and 501 IPC against the respondent/accused (hereinafter known as the accused). The copy of the complaint dtd. 23/5/2012 is attached as Annexure P-1 to the petition. The petitioner appeared as CW-1 along with three other witnesses and got recorded their respective statements before the Trial Court. Based on the said statements, the Judicial Magistrate Ist Class, Rohtak vide order dtd. 29/10/2013 summoned the respondent for having committed the offence punishable under Ss. 199 Cr.PC and Ss. 500 & 501 IPC. The copy of the said order is attached as Annexure P-2.

(3.) The respondent-accused appeared before the Trial Court and moved an application under Sec. 245 Cr.PC for discharge. The copy of the said application dtd. 14/9/2014 is attached as Annexure P-3. A reply was filed to the said application which is attached as Annexure P-4. Vide order dtd. 20/12/2014 the Judicial Magistrate Ist Class, Rohtak accepted the application for discharge. The copy of the said order dtd. 20/12/2014 is attached as Annexure P-5.