Sandeep Mehta, J. - (1.) The aforesaid miscellaneous petition has been filed by one Ramdhan Yadav claiming himself to be the Manager of Chhattargarh Kriya Vikraya Sahkari Samiti, Chhattargarh, Bikaner (for short, "the Samiti"). The allegations, as set-up in the petition, are that respondent No. 1 Kailash Chand Sangar, by making forged entries in the cash book of the Samiti, made defalcation of a large sum of money and thus committed the offences under Sections 420, 467, 468, 471, 120-B and 409 I.P.C.
(2.) A complaint with the aforesaid allegations was filed by the petitioner in the Court of the Additional Chief Judicial Magistrate No. 2, Bikaner and the same was forwarded for investigation to the police under Section 156(3) Cr.P.C. Under the directions of the Court below, an F.I.R. No. 182/2000 was registered at the Police Station, Chhattargarh, District Bikaner and the investigation commenced. The police investigated the matter thoroughly and came to the conclusion that no prima facie case was made out against the respondent No. 1 Kailash Chand Sangar and the defalcation as well as the forged entry as alleged in the complaint were not found to have been committed.
(3.) The learned Magistrate issued notice to the complainant-petitioner but he did not appear before the Magistrate and accordingly the learned Magistrate agreeing with the findings of the police for arriving at a conclusion that no case was made out, proceeded to accept the final report by order dated 1.4.2005. Being aggrieved of the order accepting the final report, the petitioner filed a revision petition and the revisional Court too has refused to interfere in the order of the trial Court accepting the final report. The petitioner, who is the complainant in the matter, has approached this Court for setting aside the order of the learned Magistrate accepting the final report and seeking a direction directing to initiate a proceeding against the respondent No. 2 for the offences as alleged above.;