RAHUL S/O SHARAD KOCHERI Vs. HARUN BEG RAHEMAT BEG
HIGH COURT OF BOMBAY
Rahul S/O Sharad Kocheri
Harun Beg Rahemat Beg
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(1.) The applicants have filed this criminal application under Section 482 of the Criminal Procedure Code, 1973 (for short, the Code ) raising a challenge to the order passed by the Sessions Court on 07/10/2015 thereby dismissing the revision applications preferred by the applicants and maintaining the order passed by the learned Magistrate directing reinvestigation in the complaint filed by the non-applicant No.1.
(2.) Facts in brief are that the non-applicant No.1 on 10/08/2009 purchased a truck for a consideration of Rs.8,50,000/-. Rs.5,25,000/- was paid in cash and it was agreed that the balance amount would be paid subsequently. The non-applicant No.1 had obtained finance from the HDFC ERGO General Insurance Company Ltd. to the extent of Rs.6,55,000/-. The aforesaid truck was however stolen on 02/01/2010. The non-applicant No.1 had therefore lodged a claim for receiving the amount of insurance. It is the case of non-applicant No.1 that in that process he was cheated by the accused and he was also abused. Though the report was lodged with the police authority, no offence was registered. Hence on 11/08/2011 a private complaint came to be filed. In those proceedings it was also prayed that further inquiry under Section 156(3) of the Code be conducted. On 21/09/2011 the learned Magistrate found that as per the complaint, the incident giving rise to the complaint occurred beyond the jurisdiction of Akola and therefore the Court of learned Judicial Magistrate, First Class had no jurisdiction. The complaint was accordingly directed to be returned.
(3.) On 19/10/2011, the non-applicant No.1 filed Summary Criminal Case No.1122/2011 on the basis of the earlier incident. In this complaint the accused Nos.1 and 2 who were discharging duties within the jurisdiction of learned Magistrate at Akola were added. On 21/11/2011 the learned Magistrate rejected the request made for inquiry under Section 156(3) of the Code. It was found that the previous complaint has been returned back and merely by adding two accused persons, the jurisdiction was sought to be given to the Court at Akola. The complaint thus stood dismissed on 21/11/2011.;
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