SITARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these Misc. Petitions are filed for registered at P.S. Kotwali, Sawai Madhopur, hence both these petitions are decided by this common order. For convenience the facts are taken from SB Cr. Misc. Pet. No. 234/2006.

(2.) The contention of the petitioner in the petition is that respondent No.2 filed a complaint before Chief Judicial Magistrate, Sawai Madhopur alleging that respondent No. 2 took a loan from the present petitioner and gave ten blank cheques bearing No. 015131-O15140 of Allahabad Bank, Sawai Madhopur to the petitioner with blank pro- note and sell letter for the truck. The truck was transferred in the name of Shatrughan Agarwal. Allegation of 420 Penal Code has al so been stated on which FIR No.207/2005 was registered. After investigation, final report was submitted. The said order was assailed in revision which was also dismissed. Petition under Sec. 482 Crimial P.C., has been filed before the High Court which was also dismissed and hence final report submitted in FIR No.207/2005 becomes final. Thereafter, respondent No.2 filed another FIR on the same grounds being FIR No. 236/2005 for the offence under Sec. 420, 467, 468 and 471 IPC. The only contention of the present petitioner is that second FIR on the same facts is illegal and could not be continued. The contention of the Public Prosecutor is that second FIR has been lodged only for cheque No. 015132 and hence different allegations have been lodged.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. None is present for the respondent.