LAL CHAND NEKI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of learned Counsel for the parties present before this Court, this petition in being finally disposed of.

(2.) CASE of the petitioners is the non-petitioner No. 2 Radha krishna filed a criminal complaint before the trial Court for alleged commission of offence u/s. 138 of the Negotiable Instruments Act and the learned Judicial Magistrate No. 1, Ganganager subsequent thereto, without first applying his judicial mind to allegations under the complaint, Proceeded to take cognizance of the alleged offence and further, without complying with the mandatory provisions of Secs. 200 and 202, Cr. P. C. , vide impugned Order dated 3. 3. 1990 straight away took cognizance of the aforesaid offence and issued summons to the accused-petitioner for appearance on 4. 4. 1990 and dates subsquent thereto.

(3.) THE petitioner appeared before the trial Court on 31. 5. 1990 when he was ordered to be released on bail. He filed an application before the trial Court challenging the impugned order dated 3. 3. 1990 on the ground that there was no compliance of the mandatory provisions of Secs. 200 and 202, Cr. P. C. and, therefore, the impugned order taking cognizance of the alleged offence was as such, vitiated and was liable to be set aside and all proceedings consequent thereto deserved to be dropped. However, consequent upon filing of this application, learned trial Magistrate proceeded to examine the complainant non-petitioner no. 2 Radha Krishna on 21. 9. 1990 and on the same day, it was further ordered that case be posted for hearing arguments for taking cognizance of the offence, if any, on 24. 10. 1990. No substantial progress could be made on 24. 10. 1990 in the first instance. However, in an additional order-sheet of the same date it was ordered that since the complainant-Radha Krishna has already been examined as above, let the application filed be the accused-petitioner be posted for hearing and order on 17. 12. 1990.