VIJAY BISHNOI, J. - (1.) This criminal misc. bail application under Section 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with FIR No.182/2015 of Police Station, Kotwali, District Banswara for the offences punishable under sections 420, 467, 468, 471 and 120B IPC.
(2.) Learned counsel for the petitioners has submitted that prior to filing of FIR No.182/2015 of Police Station, Kotwali, District Banswara against the petitioners, the petitioner No.1 had lodged an FIR against the complainant and other persons in the year 2011 allegaing that the complainant and the other accused persons were not complying with the conditions of agreement to sell dated 10.06.2001, executed by the complainant in favour of the petitioner No.1 and, therefore, he had committed the offence of cheating. It is submitted that in that FIR, the police had filed a final report while concluding that no offence was made out against accused persons and the said final report was accepted by the trial court, against which the petitioner No.1 has preferred a revision petition before the Additional Sessions Judge, Banswara (hereinafter referred to as 'the revisional court') and the same is still pending. It is also submitted that proceeding under Section 138 of Negotiable Instrument Act are also initiated by the petitioner against the complainant and the same are pending.
(3.) It is argued by learned counsel for the petitioners that in counter to the FIR filed by the petitioner No.1 and the proceeding under Section 138 of Negotiable Instrument Act, this present FIR has been lodged by the complainant levelling allegations that the petitioners had prepared forged agreement to sell dated 10.06.2001 in the year 2011 on a blank stamp paper.;