SANDEEP SORAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed on behalf of the accused petitioner Sandeep Soral in relation to FIR No. 22/2004 registered at Police Station Nayapura, Kota for the offences under Sections 420, 467, 468, 471 & 120-B IPC.

(2.) Heard learned Counsel for accused petitioner, learned Public Prosecutor for the State and the counsel appearing for the complainant and perused the material available on the case diary.

(3.) It was inter alia contended by the counsel appearing for the accused petitioner that the police after thorough investigation and taking into consideration the material produced by the complainant and available in the case diary did not find any criminal act of the accused petitioner and had filed negative final report. It was then submitted that final negative report was not accepted by the learned Additional Chief Judicial Magistrate and he directed to the police to conduct further investigation into the matter but no further evidence was collected and the police is bent upon to arrest the accused petitioner for the offence under Section 420 IPC whereas the complainant Vimal Kumar has already filed a criminal complaint against the co-accused Kamal Sharma who delivered two cheques to the complainant, therefore, on the same set of facts the criminal case of cheating is not sustainable. Reliance was placed on the judgment delivered by Hon'ble the Apex Court in the case of G. Sagar Suri and Anr. v. State of U.P. and Ors. reported in (2000) 2 Supreme Court Cases 636.