Kailash Chand Jat S/O Shri Bharta ... vs State Of Rajasthan
2022 Latest Caselaw 5454 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7229/2018

Kailash Chand Jat S/o Shri Bharta Ram Jat, R/o Mohalla Kasam
Pura Ward No. 6, Village Ajeetgarh, Tehsil Shrimadhopur, District
Sikar Rajasthan.
                                                                   ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
2. Mool Chand Saini S/o Shri Gulla Ram Saini, R/o Near Shiv
Takies, Ward No.3, Village Ajeetgarh, Tehsil Shrimadhopur,
District Sikar, Rajasthan.
                                                                ----Respondents

For Petitioner(s) : Mr. Vipin Sharma, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP None present for respondent No.2

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

03/08/2022

This petition is for quashing of FIR No.102/2013 registered

with Police Station Ajitgarh, District Sikar for the offences under

Sections 420, 467, 468, 471 and 120-B of IPC.

Respondent No.2 complainant has appeared but no one is

present to argue the matter.

Learned counsel for the petitioner submits that the main

accused Ramjeevan Saini challenged the same FIR before the

Hon'ble Supreme Court, after refusal of the prayer by this Court,

in Criminal Appeal No.501/2018 Ram Jeevan Saini vs. State

of Rajasthan & Anr. by judgment dated 06.04.2018. The

Hon'ble Supreme Court quashed the criminal proceeding arising

out of FIR No.102/2013 against Ramjeevan Saini.

(2 of 2) [CRLMP-7229/2018]

Para 3 and 4 of the judgment of the Hon'ble Supreme Court

are being reproduced below:-

"3. Having considered the materials on record we are inclined to take the view that the accused appellant is justified in contending that the complaint against him by the respondent - complainant, in respect of which he had sought interference of the High Court under Section 482 of the Code of Criminal procedure, was a counter- blast to the proceedings under Section 138 of the Negotiable Instruments Act, 1881 initiated by him against the respondent- complainant.

4. The case of the respondent - complainant against the appellant, in our considered view, has to be understood to be an inherently improbable case as the disputed cheque over which the complaint was filed against the accused appellant has been resurrected after a gap of about 11 years with the allegation that the accused appellant had mis-utilized the same after the aforesaid period of about 11 years."

The same reason should apply on the petitioner also, who

was a staff of the main accused and is alleged to have signed on

the letter pad.

Hence, the impugned FIR and pending proceeding arising out

of said FIR against the petitioner stands quashed and this petition

is allowed.

(BIRENDRA KUMAR),J

Ashwani/-76

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