DINESH JAIN Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Feeling aggrieved by the impugned order dated 22.09.2015 passed by Additional Sessions Judge No. 2, Udaipur (for short, 'learned revisional Court'), petitioner has laid this misc. petition under Sec. 482 Crimial P.C. By the order impugned, learned revisional Court has affirmed the order dated 05.10.2012 passed by learned Judicial Magistrate, First Class No. 1, (North), Udaipur (for short, 'learned trial Court') taking cognizance for offence under Sections 420 & 406 Penal Code against the petitioner.

(2.) The facts, in brief, giving rise to this petition are that respondent-complainant filed FIR against the petitioner for offence under Sections 420 & 406 IPC. After investigation, Police submitted negative final report before the learned trial Court, thereupon, the complainant protested against the negative final report and considering the protest petition, learned trial Court recorded statements of complainant under Sec. 200 Crimial P.C. After recording statements of complainant, learned trial Court, vide order dated 05.10.2012, took cognizance against the petitioner for the offences aforesaid. Being aggrieved by the said order, petitioner availed remedy of revision before the learned revisional Court but that effort of the petitioner also proved abortive. Learned revisional Court, while dismissing the revision petition, has granted liberty to the petitioner to raise all the issues at the time of framing of charges.

(3.) I have heard learned counsel for the parties and perused the impugned order in conjunction with the order of the learned trial Court.