MOHAN BHAI Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner seeking quashing of the proceedings of Criminal Case No.96/2010 pending in the Court of the learned Additional Chief Judicial Magistrate, Bhilwara, arising out of FIR No.229/2006 of the P.S. Kotwali, Bhilwara for the offences under Sections 467, 468 and 471 IPC.

(3.) Succinctly stated the facts of the case are that the respondent no.2/complainant filed a complaint against the petitioner in the Court of A.C.J.M., Bhilwara with the allegation that the petitioner was the tenant of the complainant's uncle Abdul Sattar and used to pay Rs.625/- per month as rent to the aforesaid Abdul Sattar. Due to non-payment of rent by the petitioner, Abdul Sattar filed an application in the Rent Tribunal for recovery of the due rent against the petitioner. In the meantime, Abdul Sattar expired on 4.1.2005 on which the complainant filed an application for being permitted to continue the proceedings as legal representative of Abdul Sattar. The petitioner filed a reply on 7.2.2006 along with certain receipts which as per the complainant were forged and were devised to fraudulently deprive the complainant from the rent of the shop. The complainant/respondent no.2 accordingly filed a complaint against the petitioner for the offences of cheating and forgery. The complaint was sent for investigation to the Police Station City Kotwali, Bhilwara where FIR No.229/2006 was registered.