KAMAL SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this petition under Sec. 482 of Cr.P.C. against the order dtd. 19/11/2022 passed by learned Additional Sessions Judge No.5, Udaipur in Criminal Revision No.57/2018 vide which the learned Revisional Court has dismissed the revision petition of the petitioner and affirmed the order dtd. 18/7/2018 passed by learned Special Additional Chief Judicial Magistrate, (PCPNDT Act, Cases) Udaipur in Criminal Regular Case No.7970/2017 by which the trial Court framed charges against the petitioner for offence under Sec. 420 IPC.

(2.) Learned counsel for the petitioner submits that both the learned courts below have not considered the material aspects of the matter while taking cognizance and framed the charges against the petitioner. Furthermore, learned revisional Court has also dismissed the revision petition of the petitioner vide order dtd. 19/11/2022, which is bad in eye of law. Counsel submits that bill of bearings no.23148 shows that it was genuine. Counsel further submits that the proceedings for offence under Sec. 138 of N.I. Act were initiated by the complainant and a compromise was arrived at between the parties and thereafter a civil suit was also filed which is still pending. In these circumstances, order framing charges per se is illegal and deserves to be set aside.

(3.) On the other hand, learned Public Prosecutor opposed the prayer made by the petitioner and it is submitted that the order of framing charge passed by the learned Court below does not suffer from any infirmity. Learned Public Prosecutor submits that feeling aggrieved by the framing of charges, the petitioner has already preferred a revision petition before the learned Additional Sessions Judge No.5, Udaipur which was dismissed by the revisional court and therefore, at the stage of framing of charge, no interference is called for in the impugned order.