JAGMOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Misc. Petitions under Sec. 482 Cr.P.C. has been filed for quashing of the orders dtd. 16/5/2017 passed by the learned Special Judicial Magistrate (NI Act Cases) No.5, Metropolitan Jodhpur in Criminal Case Nos.534/2017 (CRLMP No.4231/2017), 532/2017 (CRLMP No.4228/17), 533/2017 (CRLMP No.4236/2017) & 531/2017 (CRLMP No.4237/2017) whereby the learned Magistrate stated substance of accusation on him as well as the orders dtd. 14/11/2017 passed by the learned Additional District & Sessions Judge, Jodhpur Metro in Criminal Revision Nos.441/2017, 443/2017, 440/2017 and 438/2017 whereby the learned Judge dismissed the revision petitions filed by the petitioner.

(2.) Briefly stated the facts of the case are that a complaint under Sec. 138 of the NI Act was filed by the respondent No.2 against the petitioner and his son. It is an admitted fact that the the disputed cheque was not signed by the accused Jagmohan, but by his son, Sawan Parihar. The petitioner was summoned by the learned trial Court after taking cognizance of the offence. At a subsequent stage, vide orders dtd. 16/5/2017, substance of accusation was stated to him and the matter was posted for further proceeding in the trial Court. The petitioner made challenge to the orders dtd. 16/5/2017 by way of filing the aforesaid revision petitions, which were dismissed by the learned appellate Court vide orders dtd. 14/11/2017. hence the instant Misc. Petitions.

(3.) I have heard the counsel for the parties and gone through the orders impugned and the other material available on record.