JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court against impugned order dated 10.12.2021 passed by Chief Judicial Magistrate, Sirmour at Nahan, H.P. in case No. 95/3 of 2018, titled a Jagat Agencies Vs. Jai Pal, whereby application filed by petitioner Jai Pal under Section 258 of the Code of Criminal Procedure for closing the proceedings by discharging him, has been rejected.

2. Admittedly, trial before the Court below has been initiated on private complaint filed by M/s Jagat Agencies.

3. Learned counsel for the respondent submits that provisions of Section 258 of Cr.P.C. are not applicable in the case where prosecution has been initiated on the basis of private complaint. To substantiate his plea, he has referred pronouncement of the Supreme Court reported in John Thomas Vs. Dr. K. Jagadeesan, (2001) 6 SCC 30, wherein in para 8, it has been observed as under:-

“8. Summons cases are generally of two categories. Those instituted upon complaints and those instituted otherwise than upon complaints. The latter category would include cases based on police reports. Section 258 of the Code is intended to cover those cases belonging to one category alone i.e. "summons cas