S.B. PRASHER Vs. STATE OF HP

JUDGEMENT

(1.) Challenging the order of discharge dated 21-09-2017, of accused persons passed by the Judicial Magistrate Ist Class, Solan, under Section 239 of Cr.P.C., the complainant has come up with the present Criminal Revision.

(2.) On 20th November, 2013 petitioners/complainants sent a complaint to Superintendent of Police-Solan, District- Solan, HP alleging the misappropriation of money, entrusted in good faith to the accused persons (second and third respondents namely Ajay Kumar Kanshal and his wife Rimpy). It was alleged that daughter of second and third respondents was an employee of a company at Delhi where one of the complainant was a CEO. In March, 2011 the second respondent/accused .

(3.) On the basis of this complaint an FIR No. 157/2013, dated 27-12-2013, was registered in Police-Station Dharampur, District- Solan, HP, for the commission of offences punishable under Sections 420 and 406 of IPC. After investigation the police presented final report under Section 173 Cr.P.C., in the Court of Judicial Magistrate Ist class, Solan, HP. Vide order dated 21st September, 2017 learned Judicial Magistrate, while exercising the power of Section 239 of Cr.P.C., allowed the application made by the accused persons and discharged the accused persons and police challan was disposed of. Feeling aggrieved the complainants have come up before this Court for setting-aside the order of discharge.