- (1.) The petitioners are aggrieved by the order dated 28.1.2008 passed by Additional Chief Judicial Magistrate, Rajsamand whereby the learned Magistrate has taken cognizance against the petitioners for offences under Sections 420 & 120B I.P.C. The petitioners are also aggrieved by the order dated 7.3.2009 passed by the Sessions Judge, Rajsamand, whereby the learned Judge has upheld the order dated 28.1.2008.
(2.) The brief facts of the case are that respondent No.2, Mr. Manak Lal, submitted a complaint before the Chief Judicial Magistrate, Rajsamand on 5.12.2005, wherein he claimed that Smt. Kamla Devi, petitioner No.1, is the owner of the Marble Mine No.178/85 in village Nizarna.
(3.) The said mine is lookedafter by his son, Mr. Deshbandhu, petitioner No.2. Part of this mine was given by them to one Khemraj for operating the said mine. Subsequently, Mr. Khemraj, entered into an agreement with the complainant, Manak Lal. According to the agreement, out of the profit, 60% was to be of the complainant, and 40% was to be retained by the mine owner. According to the complainant, he started operating the mine in the year 2001. However, subsequently because of certain disputes, Mr. Khemraj was removed from the partnership. The complainant further alleged that thereafter, the mine owner continued to operate the mine and when he asked for his part of the share, they denied the same. According to him, he has invested about Rs. 15 lakhs. Moreover, his machines, other articles and goods are still lying in the mines.;