MUKESH Vs. MUKESH

JUDGEMENT

(1.) Petitioner, Mukesh, son of Om Parkash, is a complainant in a private complaint filed under Sections 467, 468, 471 IPC. He had filed the complaint before the Magistrate on the allegation that a cheque of Rs.15,180/- as claim of insurance sent by the Future General Insurance Company despatched by-post in the same village and tehsil, was received by Jai Bhagwan, real brother of respondent Mukesh, son of Tara Chand. The said cheque was deposited in the account of Mukesh S/o Tara Chand, respondent. The petitioner filed a private complaint to prosecute the respondent Mukesh and his brother Jai Bhagwan for having deposited the cheque in the account of respondent Mukesh with an intention to cheat the petitioner.

(2.) The summoning order of Mukesh respondent was challenged by him before the Sessions Court. The Additional Sessions Judge, Jhajjar vide order (Annexure P-4) dated 06.03.2013 has allowed the revision petition of respondent under Section 397 CrPC and set aside the summoning order under Sections 467, 468, 471 IPC. Petitioner has challenged the legality of order passed by Additional Sessions Judge, Jhajjar reversing the summoning order passed against respondent.

(3.) Learned counsel for the petitioner has submitted that the petitioner has been deprived of his right by the act of respondent in preparing forged document by submitting the cheque in his name and encashing the same.