PADAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been directed against the order passed by the Sessions Judge dated March 13, 1987 where -by the learned Sessions Judge rejected the revision petition of the applicant filed against the order taking cognizance against him under Section 420, IPC.

(2.) THE brief facts giving rise to this case are that Padamchand and Kulwant Rai are real brothers. It is alleged that by way of a Will a Nohra which is the subject matter of this dispute was given by the father to Kulwant Rai But, Padamchand is alleged to have entered into a conspiracy with Preetamchand and sold out the share of Kulwantrai of this Nohra to Preetamchand. On this, a complaint was filed by Kulwantrai under Section 467 and 471, IPC against Padamchand and Preetamchand. The learned Magistrate took cognizance against Padamchand and Preetamchand under Section 420, IPC. Aggrieved against this cognizance a revision was filed before the Additional Sessions Judge and the learned Sessions Judge, rejected the revision petition. Hence the present application under Section 482, Cr.P.C.

(3.) MR . Bhagwati Prasad, learned Counsel submits that offence of cheating under Section 420, IPC is prima -facie not made out on the facts given in the complaint. Learned counsel submit that a civil suit is also pending between the parties, therefore, this criminal complaint cannot be used to twist the arm of the other side so as to get better position in the suit.