JASVEER SINGH Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition under Section 482 CrPC, the petitioner seeks to assail the order dated 25.06.2012 passed by learned Additional Judicial Magistrate, Hanumangarh in Case No.137/2012, whereby cognizance was taken against the petitioner for the offence punishable under Section 406 IPC and also the order dated 09.12.2014 passed by learned Additional Sessions Judge No.2, Hanumangarh, whereby the said order of cognizance was affirmed in revision.

(2.) I have heard and considered the arguments advanced by learned counsel for the parties and have gone through the documents filed by the police under Section 173 CrPC. The police after thorough investigation of the case submitted a negative final report finding the complainant's admitted allegations gave rise to a dispute of purely civil nature. Learned Magistrate rejected the final report and took cognizance against the accused petitioner in the above terms.

(3.) Ex facie, I am satisfied with the argument advanced by learned counsel Mr. Gupta that the admitted allegations of the complainant do not disclose necessary ingredients of the offence under Section 406 IPC because the material allegation of entrustment is totally lacking from the complainant's evidence. Furthermore, the complainant himself executed and furnished an affidavit dated 12.11.2006 to the Investigating Officer verifying that he had lodged the case owing to misunderstanding and did not desire any action against the petitioner whatsoever.