KISHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in the present petition is for setting aside the order passed by the Judicial Magistrate Ist Class, Sonepat whereby in a complaint filed under Section 420/467/468/471 IPC, the petitioner has been summoned vide order dated 21.01.2006. The challenge is also to the order dated 20.09.2006 passed by the learned Additional Sessions Judge, Sonepat whereby that of the learned Judicial Magistrate Ist Class was upheld in revision filed by the petitioner.

(2.) BRIEFLY , the facts as stated in the petition are that respondent No. 2- complainant filed a complaint against the petitioner and another accused with the allegation that respondent No. 2-complainant was cheated by the petitioner in connivance with other person and the money deposited by him in the Post Office was mis-appropriated by them with connivance of each other. On recording of statement of the complainant, the Court was prima-facie not satisfied to issue process to the petitioner, accordingly direction was given to the police to investigate the matter under Section 202 Cr.P.C. On receipt of report of the police after investigation, the learned Judicial Magistrate Ist Class issued process against the petitioner vide impugned order dated 21.01.2006. In revision before the learned Addl. Sessions Judge the petitioner failed.

(3.) LEARNED counsel for respondent No. 2 raised a preliminary objection regarding the maintainability of the present petition filed under Section 482 Cr.P.C. stating that the petitioner having availed of his remedy of revision before the learned Additional Sessions Judge cannot file the present petition under the garb of quashing under Section 482 Cr.P.C. once the second revision is specifically barred.