SURENDRA KUMAR JAIN Vs. NARENDRA KUMAR JAIN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. has been filed against the judgment and order dated 16.4.2010 passed by the learned Chief Judicial Magistrate, Jaipur city, Jaipur by which he rejected the criminal case No.3291/2009 filed by the petitioner and also against the revision petition no.14.6.2010 passed by the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur by which the revision petition was rejected.

(2.) Briefly stated the facts for the disposal of the present petition are that on 15.10.2009 the petitioner filed a criminal case against the accused Narendra Kumar Jain for the offence under section 420, 404, 406, 467, 468 and 471 IPC. In the above criminal case, it was stated that on 14.10.2009 while the Nagar Nigam, Jaipur gave the files pertaining to the Will and House-tax to the petitioner, it revealed therefrom that on the Will submitted by the accused there are three pages out of which on the last page there were two seals of the Notary Public whereas on first two pages there were only one seal, no registration number was mentioned and there was difference in the signatures of Gun Sunder Devi Bhandari on the last page and other pages of the Will. It was further stated that the date mentioned on the Will was 30.5.1991 whereas since 1985 the accused was residing with his father at Bihar Purniya and he never visited Jaipur. It was further stated that the above Will was forged and fabricated and was prepared in connivance with Madan Lal, Notary Public, Shekhar Chand Burad and Bhag Chand Karnawat, witnesses. It was further stated that Smt. Gun Sunder Bhandari has never signed on any Will on the basis of which the accused is claiming himself to be the owner of the house.

(3.) The learned trial court after recording statement of complainant under section 200 Crimial P.C. and hearing arguments declined to take cognizance in the matter and dismissed the complaint filed by the petitioner for the reason that the seal affixed on the Will disputed by the petitioner cannot be a reason to draw a conclusion that the Will was forged and further for the reason that if registration number of the notary was not there then the Will should be presumed to be forged one. The trial court further came to the conclusion that no evidence was adduced to show that the signatures on the Will were forged, therefore, dismissed the complaint. Feeling aggrieved against the said order of the learned trial court, the petitioner filed a revision petition which came for decision before the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur who vide its judgment dated 16.4.2010 dismissed the revision petition. Hence, the present misc. petition has been filed.