MR. SATISH KUMAR MEENA Vs. STATE OF RAJASTAN

JUDGEMENT

(1.) Instant petition has been preferred under Sec. 482 Crimial P.C., 1973 praying therein that the order dated 5.3.2018 passed by the Court of Judicial Magistrate No.1, Jaipur District, Jaipur, whereby cognizance of offences punishable under Sections 420, 406 and 120-B Penal Code was taken against the petitioner upon a Final Report submitted in negative form by the Investigating Agency, be set aside. It is further prayed that the order dated 8.6.2018 passed by the revisional court be also set aside.

(2.) The learned counsel for the petitioner has contended that the cheque issued by the petitioner had bounced and the complainant instead of filing complaint under section 138 of Negotiable Instruments Act, lodged the case FIR No. 421/2015 registered at Police Station Chandwaji, Jaipur (Rural) for the offences under Sections 420, 406 and 120B IPC. The learned counsel for the petitioner has contended that in the said FIR, investigating agency submitted a Final Report in negative form and the court below on the protest petition filed by the complainant took cognizance of the offences and issued arrest warrant against the petitioner at first instance.

(3.) The learned counsel appearing for the petitioner has made an alternative submission that the arrest warrants issued by the said Court be converted as bailable warrants. Counsel appearing for the petitioners has relied upon the case of Inder Mohan GoswamiAnother Vs. State of Uttaranchal Others, reported in A.I.R. (2007) 12 SC 1, to contend that the trial Court at first instance should not have issued warrant of arrest to summon the petitioners, in a case where the Investigating Agency has submitted a Final Report in negative form. Counsel has further relied upon the case of Manohar Lal SainiOthers Vs. State of Rajasthan, reported as 2016 (1) CJ (Cri.) (Raj.) 289, to contend that the Division Bench has held that where the accused are summoned under Sec. 319 Crimial P.C., 1973 as an additional accused, the arrest warrants should not be issued.