Advocates:
['DN YADAV', '', 'RAJESH LALWANI', 'SP SHARMA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 796 / 2011

Harish Kumar Tehalani S/o Shri Ramchandra Tehalani, aged about

56 years, R/o 2-B-32, Housing Board Pali (Raj.)

----Petitioner

Versus

1. State of Rajasthan.

2. Harish Kumar S/o Ram Chandra B/c Mali R/o Tanko Ka Bas, Pani

Darwaja, Pali (Rajasthan).

----Respondent

Connected With

S.B. Criminal Revision No. 1206 / 2015

Harish Kumar Tehalani S/o Shri Ramchandra Tehalani, aged about

60 years, R/o 2-B-32, Housing Board Pali (Raj.)

----Petitioner

Versus

1. State of Rajasthan.

2. Harish Kumar S/o Ram Chandra B/c Mali R/o Tanko Ka Bas, Pani

Darwaja, Pali (Rajasthan).

3. Navratan Mal Gaur (Ex ASI) Police Thana Kotwali, Pali R/o 405

Society Nagar, Home Guard Office Road, Pali, Rajasthan.

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. D.N. Yadav

For Respondent(s) : Mr. V.S. Rajpurohit, PP

Mr. S.P. Sharma

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

21/07/2017

1.

The petitioner has preferred this criminal misc.

petitions under Section 482 Cr.P.C. against the order dated

02.05.2011 passed by learned District & Sessions Court, Pali in

criminal revision petitions No.25, 36, 37, 38 & 39/2009 and also

(2 of 6)

[CRLMP-796/2011]

against the orders dated 25.09.2002 passed by learned Chief

Judicial Magistrate, Pali in criminal case No.130, 131, 132, 133 &

134/2015 for the offences under Sections 408 & 467 of IPC,

thereafter the petitioner has filed an application under Section 239

Cr.P.C. in all the aforesaid trial court cases for discharging the

petitioner.

2.

The petitioner has also preferred criminal revision

under Section 397 Cr.P.C. against the order dated 25.06.2015

passed by learned Special Judge, SC/ST Cases, Pali in criminal

revision No.16/2013(122/2012) for the offence under Section 420,

467 IPC whereby the learned Special Judge has set aside the

order dated 09.05.2012 by which learned Chief Judicial Magistrate

Pali took cognizance against non-petitioner No.2 Mali Harish

Kumar.

3.

The brief facts of the case are that a complaint was

filed by the petitioner No.2 on 11.05.1999 whereby it was pleaded

that while the petitioner was working as Munim under him, he

prepared forged bills and committed forgery of amount of

Rs.3,00,000/-. During the course of investigation, the

embezzlement amount was pointed to be of Rs. 1,13,132/-. The

petitioner’s version was that while his salary was due therefore, he

had sent a registered notice on 22.04.1999 through his counsel.

As per learned counsel for the petitioner, as a counterblast to the

notice dated 22.04.1999 regarding the due salary, the complaint

was filed on 11.05.1999.

4.

At the outset, learned counsel for the petitioner has

(3 of 6)

[CRLMP-796/2011]

pointed out that the petitioner had produced on ‘Rukka’ and on

direction of the learned court below, the ‘Rukka’ of due salary

amount Rs.2,10,000/- was submitted before the investigating

authority and a due receipt Fard for the same was obtained by the

investigating officer. The ‘Rukka’ was examined through FSL and

various directions were issued regarding the investigation.

Meanwhile, the learned court below ordered the ‘Rukka’ to be

brought on record before the learned court below. After the

investigation arising out of common transactions, 5 challans were

filed against the petitioner on 21.12.1999. The prosecution

thereafter, became silent upon the original ‘Rukka’ which was

allegedly available with them and an appropriate Fard was issued

on taking of such custody by the