KANWALJIT SINGH AHLUWALIA
Prakash Chand – Appellant
Versus
State of Rajasthan, Thr. PP, Rajasthan – Respondent
JUDGMENT
1. Today, an application bearing No. 83334/2018 is listed, wherein it is prayed that SBCRLMP No. 5103/2018 be finally disposed of to give affect to the orders passed by this Court in other petitions.
2. On the joint request made by the learned counsel for the parties, SBCRLMP No. 5103/2018 is taken up for final disposal.
3. This case has a chequered history. Respondent No. 2 Rajkumar Jain had allegedly issued two cheques in favour of the petitioners. The said cheques on presentation had bounced. Resultantly, both the petitioners filed two separate complaints under Section 138 of Negotiable Instruments Act.
4. Before institution of complaint, respondent No. 2 had filed a complaint alleging that the petitioners had forged and fabricated the bank return memo. On the said complaint, order was passed under Section 156(3) Cr.P.C. and FIR No. 126/2008 was registered at Police Station Kotwali, Kota for the offences under Sections 420, 406, 409 and 120B IPC. In the said FIR, the investigating agency filed the Final Report in negative form by opining that the dispute is civil in nature. Respondent No. 2 filed a protest petition and the said protest petition was treated as complaint and
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