CHANDRA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) - Heard counsel for the petitioner and the learned Public Prosecutor. Perused the impugned judgments.

(2.) Instant revision has been preferred by the petitioner complainant being aggrieved of the order dated 26.6.2010 passed by learned Sessions Judge, Merta City in Revision whereby the Revisional Court whilst entertaining the revision filed by the respondent No. 2 accused reversed the order dated 7.7.2008 passed by the A.C.J.M. Merta City in Criminal Case No. 182/2008 and quashed the cognizance taken against the respondent No. 2 for the offence under Section 420 Indian Penal Code.

(3.) Learned counsel for the petitioner complainant submits that in this case the Revisional Court without referring to the statement of the complainant recorded under Section 202 Criminal Procedure Code and without proper application of mind to the material available on record, proceeded to quash the order taking cognizance. He submits that the order taking cognizance passed by the Magistrate was a reasoned order and without any justification, the Revisional Court has reversed the same. He submits that in this Case, the accused took a loan of sum of Rupees five lacs from the petitioner with the specific promise that he would return back the amount within a period of one month but the accused actually never intended to make good his promise and refused to make repayment of money, and therefore, the intention of. the accused right from inception was to cheat the petitioner. lie, therefore, prays that the accused was rightly held responsible and summoned for the offence under Section 420 Indian Penal Code and the order passed by the Revisional Court deserves to be set aside.