UMESH CHANDER JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Criminal Misc. Application under section 482 Cr.RC., the petitioner has challenged the order of the trial court dated 23.1.1996 arising out of Cr. Case No. 39/96.

(2.) I have heard learned counsel for the parties. Perused the order impugned and the record of the trial court.

(3.) A complaint was filed by non-petitioner No. 3 Rajendra Kumar against the petitioner and non-petitioner No. 2 Baij Nath Garg for the offence under sections 420 and 120-B I.RC. on the allegation that the complainant has paid a sum. of Rs. 70,000/- to the petitioner for installation of a Menthol Plant at Sri Ganganagar. The said amount was paid through two different drafts amounting Rs. 30,000/- and 40,000/-. It is alleged that subsequently, the petitioner demanded Rs. 1,10,000/- for the installation of the said plant instead of Rs. 70,000/- for which the non- petitioner did not agree and as such, the non-petitioner No. 3 was cheated by the petitioner and non-petitioner No. 2 by fraudulently or dishonestly inducing the complainant to deliver the property i.e. amount of Rs. 70,000/-. The complaint was filed in the Court of Additional Civil Judge (Sr. Div.) and Judicial Magistrate, Sri Ganganagar. The same was forwarded to the police. The police registered the FIR No. 527/94 at Police Station, Kotwali, Sri Ganganagar. After investigation, police filed negative final report stating therein that no offence of cheating is made out as there was a civil transaction between the parties and the amount paid by the complainant had already been returned to the complainant as per the terms agreed.