HARIPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Haripal Singh has approached this Court by way of this petition under Sec. 482 Cr.P.C. for assailing the order dtd. 13/8/2021 passed by learned Addl. Sessions Judge, Sumerpur, District Pali dismissing the Revision (No.26/2017) preferred by the petitioner and affirming the order dtd. 10/4/2017 passed by learned Judicial Magistrate, Sumerpur taking cognizance against the petitioner for the offences punishable under Ss. 420 and 406 IPC.

(2.) I have heard and considered the submissions advanced at bar and have gone through the material available on record.

(3.) Ms. Borana, Assistant to Shri Dhirendra Singh, learned senior counsel representing the petitioner submits that the order taking cognizance is absolutely illegal and bad in the eyes of law because the highest allegations of the complainant in the complaint are regarding dishonour of the cheque issued by the petitioner for a sum of Rs.55,000.00 way back in the year 2015. Rather than proceeding under Sec. 138 of the N.I. Act, the complainant filed the belated FIR for the offences punishable under Ss. 420 and 406 IPC. After investigation, the investigating agency, has submitted a negative final report finding the allegations of the complainant to be unsubstantiated. Learned counsel Ms. Borana further submitted that if the allegations of the complainant are considered to be true on the face of record, the necessary ingredients of the offences alleged are not made out and hence, the impugned orders are liable to be struck down. She thus, implored the Court to accept the misc. petition and quash the impugned orders as the same amount to abuse of process of Court.