RAM DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Ramdayal filed a complaint against respondent No. 2 for committing offence under Section 406 I.P.C. The police after investigation submitted a negative final report in the Court of Addl. Chief Judicial Magistrate, Gangapur City. The petitioner filed a protest petition and the ACJM after recording the 'statement of the complainant petitioner and his witnesses accepted the final report and dismissed the complaint vide order dated 6.8.2004 observing that no prima facie case is made out against the accused-respondent. An unsuccessful revision was presented and the revisional Court i.e. learned Additional Sessions Judge, Gangapur City dismissed the revision vide order dated 13.5.2005. Feeling aggrieved of the orders of the Courts below, the petitioner has filed this misc. petition under Section 482 Cr.P.C.

(2.) Brief facts of the case are that the complainant petitioner filed a complaint with the averments that he is having a shop from which the respondent purchased cloth of Rs. 2,680/- and at the same time he gave three golden chains for making one single chain of new design out of the three golden chains. It was the further case of the complainant that the accused neither gave him new chain nor returned the three old golden chains. Then a notice through an advocate was sent to him but the accused did not respond the same. In such circumstances a complaint filed before the ACJM, Gangapur City which was sent for investigation to the police under Section 156(3) Cr.P.C. which resulted in negative final report by the police. The petitioner filed a protest petition. The ACJM after recording statements of the petitioner and his witnesses, rejected the complaint as well as the protest petition in the manner stated hereinabove.

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for respondent No. 2.