VINOD KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner as also learned Public Prosecutor and complainant perused the record.

(2.) The instant Misc. Petition has been filed by the petitioner challenging the order dated 26.2,2010 passed by the learned Addl. Sessions Judge (Fast Track) No. 2, Hanumangarh in Criminal Revision No. 72/2007 whereby he affirmed the order dated 25.3.2004 passed by the Addl. Chief Judicial Magistrate, Nohar rejecting the final report filed by the police and taking cognizance against the petitioner for the offence under Sec. 406 Indian Penal Code

(3.) Counsel for the petitioner submits that complainant's case is that he has kept some bags of Gwar weighing 51 Qt. 45 Kg in all as in trust with the petitioner. He further alleged that petitioner sold the said bags and received the sale amount of Rs. 58,602/- but did not make the payment thereof to the complainant. Learned counsel submits that ex-facie the said allegation of the complaint was found to be false in investigation because the investigating agency collected the receipts of the sale money executed and signed by the complainant. He further submits that the said receipts are not disputed by the complainant. Learned counsel thus submits that the order taking cognizance as affirmed in revision is absolutely illegal and amounts to an abuse of process of the Court.