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2018 DIGILAW 1651 (RAJ)

Mr. Satish Kumar Meena v. State Of Rajastan

2018-08-06

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J. - Instant petition has been preferred under Section 482 Cr.P.C., 1973 praying therein that the order dated 5.3.2018 passed by the Court of Judicial Magistrate No.1, Jaipur District, Jaipur, whereby cognizance of offences punishable under Sections 420, 406 and 120-B IPC was taken against the petitioner upon a Final Report submitted in negative form by the Investigating Agency, be set aside. It is further prayed that the order dated 8.6.2018 passed by the revisional court be also set aside. 2. The learned counsel for the petitioner has contended that the cheque issued by the petitioner had bounced and the complainant instead of filing complaint under section 138 of Negotiable Instruments Act, lodged the case FIR No. 421/2015 registered at Police Station Chandwaji, Jaipur (Rural) for the offences under Sections 420, 406 and 120B IPC. The learned counsel for the petitioner has contended that in the said FIR, investigating agency submitted a Final Report in negative form and the court below on the protest petition filed by the complainant took cognizance of the offences and issued arrest warrant against the petitioner at first instance. 3. The learned counsel appearing for the petitioner has made an alternative submission that the arrest warrants issued by the said Court be converted as bailable warrants. Counsel appearing for the petitioners has relied upon the case of Inder Mohan Goswami & Another v. State of Uttaranchal & Others, reported in A.I.R. (2007) 12 SC 1, to contend that the trial Court at first instance should not have issued warrant of arrest to summon the petitioners, in a case where the Investigating Agency has submitted a Final Report in negative form. Counsel has further relied upon the case of Manohar Lal Saini & Others v. State of Rajasthan, reported as 2016 (1) CJ (Cri.) (Raj.) 289, to contend that the Division Bench has held that where the accused are summoned under Section 319 Cr.P.C., 1973 as an additional accused, the arrest warrants should not be issued. 4. Counsel appearing for the petitioner, on the basis of same analogy, has contended that the ratio of law laid down in the case of Manohar Lal Saini (supra) shall also apply mutatis mutandis where the accused is summoned in a Final Report submitted in negative form. 5. I have heard ld. counsel appearing for the petitioner and ld. Public Prosecutor appearing for the State. 6. 5. I have heard ld. counsel appearing for the petitioner and ld. Public Prosecutor appearing for the State. 6. In the light of arguments raised, the arrest warrants issued against the petitioner is converted as bailable warrants. 7. In view of above, the present petition is disposed of.