MAHENDRA SARDA Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. has been filed by the petitioner against the order dated 09.03.2009 passed by the Additional Sessions Judge No.2, Sri Gangangar (for short 'the revisional court' hereinafter) in revision petition No.127/2008 filed by the petitioner against the order dated 06.09.2008 passed by the Judicial Magistrate No.2, Sri Gangangar (for short 'the trial court' hereinafter). The petitioner has also challenged the order dated 06.09.2008 passed by the trial court in Cr.Case No.832/2006, whereby the application filed by the petitioner under section 195 and 340 Crimial P.C. for staying the proceedings under section 138 of the Negotiable Instruments Act (for short 'the N.I.Act' hereinafter) pending against him, has been dismissed.

(2.) The trial court took the cognizance against the petitioner for the offence under section 138 of the N.I.Act on a complaint filed by the respondent No.2 and later on, the charges were also read over to the petitioner by the trial court. At that stage, the petitioner moved an application under sections 195 and 340 Crimial P.C. with the averment that in a criminal case filed on behalf of the petitioner in connection with the cheque in question, the Court of Judicial Magistrate, First Class, Rawatsar has already taken cognizance against the respondent No.2 for the offences punishable under sectinos 467, 468, 471 Penal Code and, therefore, the proceedings under section 138 of the N.I.Act pending against the petitioner may be stayed.

(3.) The learned trial court, vide order dated 06.08.2008, dismissed the said application. Being aggrieved with the same, the petitioner preferred a revision petition, however, the revisional court has dismissed the said application on 09.03.2009. It is noticed that before the revisional court, the petitioner has contended that after taking cognizance against the respondent No.2 for the offences punishable under sections 467, 468 and 471 IPC, the Judicial Magistrate, First Class, Rawatsar has framed charges against the respondent No.2 for the same offences, therefore, proceeding pending against him under section 138 of N.I.Act be stayed.