BABU LAL Vs. SURAJMAL SINGH

JUDGEMENT

(1.) HEARD and perused the impugned order as well as the record of the case.

(2.) THE police has submitted the negative final report in the Court of the learned Munsif and Judicial Magistrate, Osian. The complainant lodged a protest petition. He was allowed time to adduce evidence. On 14 -4 -1980 neither the complainant nor his counsel put appearance in the Court of the Magistrate. The learned Magistrate heard the Assistant Public Prosecutor and perused the investigation diary and accepted the negative final report. Thereafter the complainant lodged a complaint against the accused for the same offence under Section 408 IPC in the Court of the same Magistrate. The learned Magistrate after making an enquiry took cognizance of offence under Section 408 IPC against the accused and issued process against him by his impugned order dated 29 -5 -1982. The accused has filed the present application for quashing the aforesaid order.

(3.) I have carefully gone through the decision rendered in Dadam Chand's case and I find myself in complete agreement with the view expressed therein.