Tek Singh S/o Shri Didar Singh vs State of Rajasthan

By way of this misc. petition under Section 482 Cr.P.C., the

petitioner complainant has approached this Court for challenging

the order dated 30.1.2014 passed by the learned A.C.J.M., C.B.I.

Cases, Jodhpur Metro in connection with F.R. No.172/2009 arising

out of FIR No.101/2009 of the P.S. Udai Mandir whereby, the

protest petition submitted by the petitioner was rejected by the

learned Magistrate and the negative final report submitted by the

police was accepted and so also, the order dated 9.10.2014

passed by the learned Sessions Judge, Jodhpur Metro whereby,

the revision preferred against the said order of the learned

A.C.J.M. was dismissed.

I have heard and appreciated the arguments advanced at the

Bar and have gone through the impugned orders.

The petitioner filed the FIR against the respondents with the

allegations that they misused few cheques given to them by way

of security and presented the same and launched frivolous

prosecution of the complainant petitioner for the offence under

Section 138 of the Negotiable Instruments Act. It is an admitted

case of the complainant that he had given the cheques in question

to the respondents under his own signatures. Thus, question

whether the respondents misused these cheques by presenting

them in their banks and or that they initiated a malafide

prosecution would be for the competent Court where the

complaints under Section 138 of the N.I. Act have been filed, to

decide. In any event, the allegations levelled by the complainant

ex-facie do not give rise to the offences alleged. Thus, I am not

inclined to interfere in the impugned orders which do not suffer

from any illegality, irregularity or perversity.

Accordingly, the instant misc. petition is hereby dismissed as

being devoid of merit.