JAFAR SHEIKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The brief facts relevant and essential for disposal of the instant criminal miscellaneous petition and criminal revision petition are as below:-

(2.) By order dtd. 21/3/2017, the trial court directed framing of charge against the petitioner for the offences punishable under Ss. 406 and 420 IPC. The petitioner Jafar Sheikh challenged the said order by filing a revision, which came to be partly accepted by the learned Sessions Judge Judge by order dtd. 30/1/2018, whereby the charge for the offence punishable under Sec. 420 was quashed. However, the charge for the offence punishable under Sec. 406 IPC was affirmed. The petitioner Jafar Sheikh has approached this court by filing S.B. Criminal Misc. Petition No. 1220/2018 for assailing the orders of the courts below to challenge the charge framed against him for the offence punishable under Sec. 406 IPC. The complainant Yogendra Kumar has approached this court for assailing the order of the revisional court to the extent the accused petitioner Jafar Sheikh was discharged from the offence punishable under Sec. 420 IPC.

(3.) Mr. S.K. Poonia, learned counsel representing the accused petitioner Jafer Sheikh, urged that even as per the admitted case of the complainant, the transactions took place between him and Narendra Kumar Sharma, who was not charge-sheeted in the matter. There was no contact between the petitioner Jafer Sheikh and the complainant. During the course of investigation, ample evidence was presented to the Investigating officer that significant quantity of material was sent to the complainant by the firm Mst. Pinch Bottling Co. He, thus, urged that even if the allegations of the complainant are accepted to be true on the face of the record, the case has overtones of a civil dispute plain and simple and hence, the impugned orders are bad in the eyes of law and amount to an abuse of process of court. Thus, the same deserve to be quashed.