AJAYAB SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner assailing the order dated 29.10.2013 passed by the learned Additional Sessions Judge, Raisinghnagar in revision whereby the revisional court affirmed the order dated 3.7.2013 passed by the learned Judicial Magistrate 1st Class,, Raisinghnagar in Cr.Case No.119/2011 whereby whilst rejecting the application preferred by the petitioner under Section 91 Cr.P.C., the trial Judge directed framing of charges against him for the offences under Sections 420 and 406 IPC.

(2.) Facts in brief are that the complainant respondent No.2 Ram Lal filed a complaint in the court of the learned Judicial Magistrate, Raisinghnagar against the petitioner with the allegations that the petitioner procured a sum of INR 45,000/- from the complainant by giving a fraudulent inducement and thereafter, gave a cheque of the said amount to the complainant towards repayment. When the cheque was presented to the bank, initially it was returned back with the remark that the funds were insufficient. Thereafter, the complainant upon receiving an assurance from the accused, again presented the cheque to the bank but by that time, the accused closed his bank account. The complaint was forwarded to the Police Station Muklawa under Section 156(3) Cr.P.C. where an FIR No.58/2009 was registered and investigation commenced. The Investigating Officer after completing investigation filed a charge-sheet against the petitioner for the offences under Sections 420 and 406 IPC. The trial Court vide order dated 3.7.2013 directed framing of charges against the petitioner for the offences under Sections 420 and 406 IPC. The petitioner assailed the order framing charge by filing revision which too was dismissed by learned Additional Sessions Judge, Raisinghnagar as stated above.

(3.) The petitioner has now approached this Court by way of the instant misc. petition seeking quashing of the order framing charges.