TYAUB HUSSAIN Vs. SMT. SAHINA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Crimial P.C. seeking setting aside the order dated 4.6.2015 (Annexure P-3) passed by learned Additional Sessions Judge, Mewat, whereby the summoning order dated 2.12.2013 (Annexure P-1) passed by learned Chief Judicial Magistrate, Nuh has been set aside.

(2.) The petitioner-complainant has filed the criminal complaint under Sections 420, 406 and 120-B IPC, against the respondent. The Magistrate sought report under Sec. 202 Crimial P.C. from the police and thereafter, respondents were summoned for the offence under the aforesaid sections vide order dated 2.12.2013 (Annexure P-1). However, the order of summoning dated 2.12.2013 passed by learned Magistrate was challenged by way of revision petition and the learned Additional Sessions Judge, Mewat vide judgment dated 4.6.2015 (Annexure P-3) allowed the revision petition filed by the respondents-accused and set aside the order of summoning dated 2.12.2013.

(3.) Briefly stated that Wasim Akram aged about 18 years is son of the petitioner and he is neighbourer of the respondents namely Sahina, Ismail and Rajman. The petitioner being neighbour of the accused reposed his faith in them and advanced Rs.21,000.00 to the accused persons on the occasion of engagement of son Wasim Akram. The respondents raised demand of garments, jewelary and other articles for incurring the expenses in the engagement of his son just to commit cheating upon the petitioner-complainant. The complainant made arrangement of ten couple garments, 2-1/2 tolas golden ornaments and silver ornaments and other articles. After few days, the respondents-accused along with other accused came to the house of complainant and raised demand of L 1,00,000.00 for purchasing land. Taking into consideration the new relation, the complainant gave Rs.1,00,000.00 to the accused party. When the complainant asked the accused for solemnization of marriage of his son, the accused found reluctant but after some time it came to the notice of the petitioner-complainant that marriage of Sabnam has been solemnized with another person. On raising demand of returning back all the jewellery items and other articles, the accused refused to return the same. It is in the aforesaid facts, the criminal complaint was filed.