R.S. Chauhan, J. - (1.) THE petitioners have challenged the order dated 02.04.2009 passed by the learned Civil Judge (J.D.) and Judicial Magistrate First Class Kathumar, District Alwar, whereby the learned Magistrate has taken cognizance for offence under Section 406 IPC against them.
(2.) IT is the case of the petitioners that their sister, Smt. Meera Devi, is married to the son of the respondent No. 2, Chhitarmal, the complainant in this case. On 20.09.2005, the petitioners' sister, Meera Devi had lodged a complaint against the respondent No. 2 and his family members for offences under Sections 498A, 323, 504 & 506 IPC and 3/4 Prohibition of Dowry Act. Thereafter, as a counter blast, on 23.03.2006, the respondent No. 2 has filed a frivolous complaint before the Judicial Magistrate, Kathumar for offence under Section 406 IPC. According to the learned Counsel, the falsity of the case is apparent from the fact that according to the complainant -respondent No. 2, on 15.05.2005, the petitioners had came to his house and on the pretext that "Grah Pravesh" at their new house is about to take place, they had asked him for a loan of Rs. 50,000/ -. While taking the money, they had also taken away their sister, Meera Devi and had also taken away some jewellery from the house. According to the complainant, the amount of Rs. 50,000/ - was never returned. Hence, his complainant for offence under Section 406 IPC was made out. On the said complainant, vide order dated 02.04.2009, the learned Magistrate took the cognizance against the petitioners. Hence, this petition before this Court. Mr. N.K. Singhal, the learned Counsel for the petitioners, has vehemently contended that in case the complaint is taken on its face value, then it is a case of merely recovery of money which is of a civil nature. However, the learned Magistrate has taken the cognizance treating the case to be of a criminal nature. Therefore, according to the learned Counsel, the cognizance order needs to be set aside.
(3.) HEARD the learned Counsel for the petitioners and perused the impugned order.;