BHAGCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned PP is directed to accept notice on behalf of the State. He accepts the same.

(2.) Heard.

(3.) The brief facts of the case are that mustard was sent through a driver, which did not reach to its destination. An FIR No. 144/98, PS-Niwai, District-Tonk was lodged by the petitioner against two persons including driver named as Jafar. It is alleged that they sold the mustard and an amount of Rs. 2,50,000./- was recovered from them. Since mustard belonged to the petitioner, he claimed the sale price and the court of additional Chief Judicial Magistrate, Newai ordered that in case he gives bank guarantee of Rs. 2,50,000.00, the amount be given to the petitioner. Since the accused persons absconded and the case is pending for last two years, the petitioner moved an application before the learned Magistrate to review its order and taken solvent surety of the amount instead of bank guarantee. Learned Magistrate was of the view that he could not review his earlier order. No revision was filed by the petitioner but he has directly come up before this court under section 482 Crimial P.C.