MAHAVEER Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner being aggrieved by the order dated 7.6.2011 passed by the Additional Sessions Judge Raisingh Nagar, District Sri Ganganagar (hereinafter referred to as 'the revisional court') in revision petition No.39/2010 whereby the revision petition filed by the petitioner was dismissed. The petitioner has also challenged the order dated 22.2.2010 passed by the Additional Chief Judicial Magistrate, Raisingh Nagar, District Sri Ganganagar (hereinafter referred to as 'the trial court') whereby the trial court has accepted the FR No.583/2009 arising out of FIR No.471/2009.

(2.) The petitioner filed a complaint against Girdhari Lal and Bablu in the trial court on 5.10.2009 with the allegation that the above named persons have entered into a criminal conspiracy and cheated him. The said complaint was forwarded by the trial court to the Police Station Raisingh Nagar wherein FIR No.471/2009 dated 9.10.2009 was registered against Girdhari Lal and Bablu for the offence punishable under Section 420/120-B I.P.C.

(3.) After investigation, the police filed negative final report while concluding that no offence is made out against the accused persons named in the complaint. The learned trial court issued notice to the petitioner on 15.1.2010. The said notice was served upon the petitioner personally, however, the petitioner did not appear before the Court on 22.2.2010 upto 4:30 PM, then the trial court after taking into consideration the final report submitted by the police found that there is no basis for taking cognizance against the persons named in the complaint and has accepted the FR.