JUDGEMENT
SANDEEP MEHTA,J. -
(1.)The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 2.11.2012 passed by the learned Addl. Sessions Judge, Nohar in Criminal Revision No.40/2012, whereby, the revision petition filed by the petitioner-complainant challenging the order dated 4.5.2012 passed by the learned Judicial Magistrate, First Class, Rawatsar in FR No.15/2008 has been dismissed.
(2.)Briefly stated the facts necessary for the disposal of this misc. petition are that the petitioner-complainant filed a complaint before the learned Judicial Magistrate, First Class Rawatsar alleging inter alia that on 6.9.1999 he had opened an account No.227 in the Bank of Rajasthan Branch Rawatsar in the name of Ratan Emporium. The petitioner was issued a cheque book bearing Cheque Nos.M-488231 to M-488240 by the bank. The petitioner thereafter signed two cheques from the aforesaid cheque book and then put the same in the cash book of his shop named Pooja Misthan Sweets. The complainant alleged that the accused Madan Lal who was engaged in the business of selling milk used to come to his aforesaid shop for selling milk to him. The signed blank cheque of the petitioner bearing Cheque No.M-488232 was misplaced in the month of December, 2007. The petitioner received a notice issued by Madan Lal on 20.1.2008. It was averred in the notice that the petitioner had borrowed a sum of Rs. 5,00,000/- in cash from Madan Lal and in lieu of repayment of the loan, a cheque No.M-488232 was issued to him and the same was bounced on presentation. The complainant alleged that the respondent No.2 committed the theft of his signed cheque from the shop and thereafter misused the same by making fraudulent entries therein.
(3.)The complaint was sent to the Police under Section 156 (3) Cr.P.C. and an FIR No.68/2008 was registered at the Police Station Rawatsar for the offences under Sections 380, 465, 467 and 471 IPC and investigation commenced. The police after thorough investigation of the matter filed a FR in the court. Summons were issued to the petitioner. The petitioner appeared in the court and filed a protest petition. The statement of the petitioner and his witnesses were recorded under Sections 200 and 202 Cr.P.C. Thereafter, the protest petition filed by the petitioner was rejected by the learned Magistrate by order dated 4.5.2012. The petitioner challenged the learned Magistrate's order by way of a revision and the learned revisional court too has affirmed the order passed by the learned Magistrate and has rejected the revision by order dated 2.11.2012.
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