MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order passed by the AddI. Sessions Judge, Nagour dated 12.9.1983 and the order of Munsif and Judicial Magistrate, Ladnu dated 27.6.1983.

(2.) Brief facts giving rise to this petition are that one Prahalad Rai filed a complaint on 10.10.1982 at P.S. Ladnu alleging that Madanlal had promised him to send for earning to Italy and petitioner had taken Rs. 15,000/- from the complainant. It was also alleged that the petitioner admitted that due to unavoidable reasons he could not send the complainant to Italy and promised to return Rs.15,000/- on demand. And a Ikrarnama was executed to this effect duly signed by him before two witnesses. On this a case u/s. 420 I.P.C. was registered against the petitioner and was challanged before the learned Munsif and Judicial Magistrate, 1st Class, Ladnu who framed charge against him u/s. 420 I.P.C. on 27.6.1983. Being aggrieved the accused petitioner filed a revision before the learned AddI. Sessions Judge, Nagaur which was dismissed on 12.9.1983. Hence the petitioner has preferred this petition.

(3.) Mr. B.N. Kalla, learned counsel for the petitioner has submitted that no offence of cheating has been established and the complainant at the most he can seek remedy of filing civil suit. He has placed reliance on Hariprasad v. Bishnu Kumar .