MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Revision is against the order dtd. 11/4/2023 passed in G.R.No.507 of 2021 by the learned Judicial Magistrate, 1stClass, Dhanbad whereby the application for discharge under Sec. 239 of Cr.P.C. has been rejected.

(2.) The brief facts leading to this Cr. Revision are that the trial of case crime No. 0227 of 2018 for the offence under Ss. 420,406,467 and 471 of I.P.C. against the petitioner-accused was going on before the court of Judicial Magistrate, Dhanbad. An application under Sec. 239 of Cr.P.C. for discharge was moved on behalf of petitioner/accused on these grounds that no case is made out for the alleged offence against the petitioner. From the very allegations made in the F.I.R. and also the allegation made in the complaint which was earlier filed on behalf of the complainant/informant and same was merged with the police case, there is no evidence in regard to the mens rea on the part of the petitioner-accused. Indeed, as per informant's case she invested 5,50,000/- rupees in the alleged firm of the petitioner-accused. Out of which 1,20,000/- rupees was received by the informant as a profit share and 4,25,000/-rupees was paid by the petitioner-accused through the demand draft. So far as the claim of 45,000/- rupees which was made by the informant, the same is baseless because same was directly expended by the informant in travelling. In view of the above prayed to discharge the petitioner.

(3.) The learned trial court after hearing the rival submissions of the parties, passed the impugned order on 11/4/2023 whereby rejected the discharge application of the petitioner-accused.