MAHESH CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal misc. petition under Section 482 Cr. P. C. for quashing the order dated 9. 1. 2007 passed by Judicial Magistrate No. 22, Jaipur City, Jaipur by which he took cognizance under Sections 420, 467 and 468 I. P. C. in the Criminal Case No. 26/2007 State vs. Mahesh Choudhary relating to F. I. R. No. 356/2004 at Police Station Brahmpuri, Jaipur.

(2.) THE brief facts of the case are that the accused-petitioner is involved in the business of manufacturing and export of hand knotted woolen carpets in the name of M/s. Saraswati Exports and similarly the complainant party is also involved in the business of manufacture and export of hand knotted woolen carpets in the name of S. B. Kapoor Exports. the complainant and the accused- petitioner agreed to promote the business of carpets and in furtherance of the aforesaid promotion of business number of transactions as well as the agreements were entered into between both the firms. One of the said agreement is dated 1. 4. 2001 but during the course of aforesaid business dealing various disputes arose between both the firms and the complaints as a result of which both the parties lodged various cases against each other which are pending different forums. One dated 15. 5. 2004 an F. I. R. was registered by the accused-petitioner against the complainant in the present criminal case, in connection with forgery committed with respect to some cheques at Police Station Vidhayakpuri, Jaipur. THE Complainant in present case submitted a complaint in the Court of Judicial Magistrate No. 22, Jaipur City, Jaipur for the offence under Sections 420, 406 I. P. C. against the present petitioner. THE said complaint being sent to police station Brahmpuri, Jaipur for investigation and an F. I. R. No. 356/2004 was registered and investigation started and then investigation transferred to C. I. D. (C. B.) Rajasthan and thereafter the matter was also investigated by the Additional Superintendent of Police (North), Jaipur city, Jaipur. Charge- sheet was submitted against the petitioner and the cognizance was taken vide order dated 9. 1. 2007 by the Court of learned Judicial Magistrate No. 22, Jaipur City, Jaipur for the offence under Sections 420, 467 and 468 of I. P. C. and, therefore, this criminal misc. petition for quashing and setting aside the order of taking cognizance dated 9. 1. 2007 and entire proceedings in Criminal Case No. 26/2007 of Police Station Brahmpuri, Jaipur in respect of F. I. R. No. 356/2004.

(3.) LEARNED counsel for the respondents made reliance on the following judgments: (1) M. Krishnan vs. Vijay Singh & Anr. in AIR 2001 Supreme Court 3014, (2) Meenu Kumari & Anr. vs. State of Bihar & Ors. in 2006 (4) Supreme Court Cases 359 (3) State of Orissa & Anr. vs. Saroj Kumar Sahu in 2005 (13) Supreme Court 540 = (2006 (1) RLW 757 (SC), (4) Hamida vs. Rashida & Rasheed & Ors. in 2007 R. C. C. (SC) 763 (5) Indian Oil Corporation vs. N. E. P. C. Ltd. & Ors. in 2006 (6) Supreme Court Cases 736 = 2006 (4) RLW 3380 (SC)