Dismissed

Chhittar Mal S/O Bharmal B/C Nai v. State of Rajasthan through Pp

Rajasthan HC8 May 2024CRLR/411/2019

Case brief

AI extract

What is this about?

In a criminal revision petition, the High Court of Rajasthan examined whether the High Court should interfere with the acquittal of accused persons who were found not guilty of forgery and cheating offences after the appellate court held that the prosecution failed to prove the case beyond reasonable doubt.

What did the court decide?

Repo the criminal revision petition was dismissed being devoid of merit.

Chhittar Mal S/O Bharmal B/C Nai Vs State of… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:21755]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 411/2019

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Chhittar Mal S/o Bharmal, R/o Vill. Doodhwa Teh Danta Ramgarh Dist. Sikar Raj.

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----Complainant-Petitioner

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Versus

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State of Rajasthan through Public Prosecutor Raj.

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___ Respondent

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Sanwarmal S/o Bhagwan Sahay Original S/o Late Madan Lal, At Present R/o Vill. Pithalpur PS Ajitgarh Dist. Siakr Raj.

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Ramlal S/o Likhma Ram, R/o Vill. Doodhwa PS Danta Ramgarh Dist. Siakr Raj.

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Hanuman S/o Baluram, R/o Vill. Doodhwa PS Danta Ramgarh Dist. Siakr Raj.

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Nathuram S/o Dhanna Ram, R/o Vill. Doodhwa PS Danta Ramgarh Dist. Siakr Raj.

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----Accused-Respondents

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For Petitioner(s) : Mr. Mohd. Aslam, Advocate For Respondent(s) : Mr. Bhawani Shankar Sharma, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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08/05/2024 :

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Instant revision petition under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 has been preferred on behalf of complainant-petitioner against the judgment dt.19.11.2018 passed by Court of Additional Sessions Judge, No.2, Sikar, in Criminal Regular Appeal Nos.73/2014 & 38/2014 filed by the accused-respondents & complainant respectively, whereby the ld. Appellate Court while allowing the appeal of the accused-respondents, set-aside the judgment dt.28.05.2014 passed by Court of Additional Chief Judicial Magistrate, Dantaramgarh, Sikar and acquitted the accused-respondents for offences punishable under Sections 467, 468, 471/120-B of I.P.C. by giving benefit of doubt.

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(2 of 2) [CRLR-411/2019]

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[2024:RJ-JP:21755]

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Contentions of the learned counsel appearing for the complainant-petitioner are that the ld. Appellate Court has not property appreciated the evidence available on record and has erred while acquitting the accused-respondents. Therefore, the judgment passed by the ld. Trial Court may be confirmed and the judgment passed by the ld. Appellate Court be quashed & set-aside.

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Learned Public Prosecutor appearing for the State has supported the submissions made herein-above.

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No one is present on behalf of the accused-respondents.

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Heard. Considered the submissions made at bar & perused the material made available on record.

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The ld. Appellate Court, after appreciating the evidence available on record, came to the definite conclusion that the prosecution has failed to prove the offences against the accused-respondents beyond reasonable doubt and, accordingly, a finding of fact has been recorded by acquitting the accused-respondents of all the charges levelled against them.

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This Court is of the considered opinion that the findings arrived at by the ld. Appellate Court are based on proper appreciation of the evidence available on record. This Court does not find any error in the findings arrived at by the ld. appellant Court, either factual or legal, requiring interference.

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Consequently, the instant revision petition deserves to be and is hereby dismissed being devoid of merit.

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Pending application, if any, also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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ASHOK/

Chhittar Mal S/O Bharmal B/C Nai v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Chhittar Mal S/O Bharmal B/C Nai v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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