Devaji Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice N.K. Gupta

Devaji vs The State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice N.K. Gupta

Type Court Judgment Court Madhya Pradesh Decided Feb 11, 2014

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https://sooperkanoon.com/case/1125826

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Citation: sooperkanoon.com/1125826
Court: Madhya Pradesh High Court
Decided On: Feb 11, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Devaji

Respondent

The State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice N.K. Gupta

Excerpt

.....district sehore whereby the respondents no.2 and 3 were discharged from the charge of offence under sections 467 and 468 of ipc and the matter was remanded back to the jmfc concerned for the trial of offence under section 420 of ipc. the brief facts of the case are that the respondents no.2 & 3 obtained some amount from the applicants so that sons of the applicants would have been obtained a job in the military. however, such job could not be provided, and therefore the respondent satpal singh yadav issued two cheques to return the amount, but the cheques were dishonoured. under such circumstances, the police enhanced the sections 467 and 468 of ipc and filed a charge sheet against the respondents. the learned second additional sessions judge, astha discharged the respondents no.2 and 3 for the offence under sections 467 and 468 of ipc. after considering the submissions made by the learned counsel for the applicants, it is apparent that if the respondents no.2 and 3 had issued cheques in favour of the applicants, then on dishonouring of the cheques, a prosecution under section 138 of the negotiable instruments act could be initiated. however, the cheque was given by the respondent no.3 from his own account and the cheques were issued by his own signature. therefore, those cheques were not forged cheques but those were genuine document. if the fund was not deposited, then offence under section 138 of the negotiable instruments act could be made out but no offence under sections 467 and 468 of ipc was constituted against the respondents no.2 and 3. the learned second additional sessions judge has rightly discharged the respondents no.2 and 3 from the aforesaid charges. no illegality or perversity is visible in the impugned order passed by the learned court below. on the basis of the aforesaid discussion, the present revision filed by the applicants cannot be accepted. consequently, it is hereby dismissed at motion stage. a copy of this order be sent to the.....

Full Judgment

Criminal Revision No.52/2013 11.02.2014 Shri Satyam Agrawal, Advocate for the applicants.

Shri Prakash Gupta, Panel Lawyer for the respondent No.1-State.

Heard on admission.

This Criminal Revision under Section 397/401 of Cr.P.C.has been filed by the applicants being aggrieved by the order dated 9.11.2012 passed in ST No.212/12 by the Second Additional Sessions Judge Astha District Sehore whereby the respondents No.2 and 3 were discharged from the charge of offence under Sections 467 and 468 of IPC and the matter was remanded back to the JMFC concerned for the trial of offence under Section 420 of IPC.

The brief facts of the case are that the respondents No.2 & 3 obtained some amount from the applicants so that sons of the applicants would have been obtained a job in the Military.

However, such job could not be provided, and therefore the respondent Satpal Singh Yadav issued two cheques to return the amount, but the cheques were dishonoured.

Under such circumstances, the police enhanced the sections 467 and 468 of IPC and filed a charge sheet against the respondents.

The learned Second Additional Sessions Judge, Astha discharged the respondents No.2 and 3 for the offence under Sections 467 and 468 of IPC.

After considering the submissions made by the learned counsel for the applicants, it is apparent that if the respondents No.2 and 3 had issued cheques in favour of the applicants, then on dishonouring of the cheques, a prosecution under Section 138 of the Negotiable Instruments Act could be initiated.

However, the cheque was given by the respondent No.3 from his own account and the cheques were issued by his own signature.

Therefore, those cheques were not forged cheques but those were genuine document.

If the fund was not deposited, then offence under Section 138 of the Negotiable Instruments Act could be made out but no offence under Sections 467 and 468 of IPC was constituted against the respondents No.2 and 3.

The learned Second Additional Sessions Judge has rightly discharged the respondents No.2 and 3 from the aforesaid charges.

No illegality or perversity is visible in the impugned order passed by the learned court below.

On the basis of the aforesaid discussion, the present revision filed by the applicants cannot be accepted.

Consequently, it is hereby dismissed at motion stage.

A copy of this order be sent to the trial Court for information.

(N.K.Gupta) Judge Ansari

Same Court & Year Madhya Pradesh · 2014 Same Parties Devaji vs The State of Madhya Pradesh Judgement Given By: Hon... Same Subject Education