JUDGMENT :

1. This criminal revision petition is directed against the order dated 10.08.2004 passed by the learned Judicial Magistrate No.4, Ajmer (for brevity “the learned trial Court”) in Criminal Case No.275/2004 whereby, while allowing an application filed under Section 319 CrPC by the prosecution, cognizance against the petitioner has been taken under Sections 409, 467, 468 & 471 read with Section 120-B IPC and has been summoned through arrest warrant.

2. The relevant facts in brief are that the complainant Smt. Manna Devi submitted a written complaint in the learned trial Court stating therein that she, alongwith her two sons namely Laxman Chand and Mahendra Kumar had gone to State Bank of Bikaner & Jaipur (hereinafter referred to as “the Bank”) on 12.10.2002 for opening of the bank accounts in her sons’ name and handed over a sum of Rs.40,000/- to the petitioner to deposit a sum of Rs.20,000/- each in the bank accounts in her sons’ name. It was further stated that after completion of paper formalities, the original passbooks were handed over by the co-accused Bhanwar Lal at her home. It was alleged that when she went to withdraw the amount, it transpired that the passbooks we