GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. to assail the order dtd. 2/3/2017 whereby the court of Additional Chief Judicial Magistrate,No.4, Bharatpur took cognizance of offence under Sec. 381 IPC against the petitioner in Final Report submitted in negative form in FIR No. 488/2009 registered at Police Station Kotwali, Bharatpur. It is further prayed that the order dtd. 29/8/2018 passed by the Special Judge, Dacoity Affected Area, Bharatpur whereby criminal revision preferred by the petitioner was dismissed and order of cognizance was upheld, be set aside.

(2.) Learned counsel for the petitioner has submitted that one P.K. Mittal on behalf of firm Mittal and Brothers Roopwas issued a cheque No. 457307 dtd. 28/7/2009 amounting to Rs.2,40,000.00 in favour of the petitioner. Learned counsel for the petitioner issued a notice under Sec. 138 of Negotiable Instruments Act and thereafter filed a complaint for prosecution of P.K. Mittal for offence under Sec. 138 of Negotiable Instruments Act.

(3.) Learned counsel for the petitioner has contended that the court of Additional Chief Judicial Magistrate No. 2, Bharatpur took cognizance of offence under Sec. 138 of Negotiable Instruments Act against P.K. Mittal vide order dtd. 21/7/2010. It is further contended that P.K. Mittal preferred a revision petition and the said revision petition was dismissed by the court of Additional Sessions Judge, No. 2, Bharatpur. Learned counsel for the petitioner has contended that in a complaint filed by the petitioner under Sec. 138 of Negotiable Instruments Act, notice of accusation has been served upon P.K. Mittal and now the case is fixed for recording evidence of the complainant.