Banwari Lal Sharma, J. - (1.) The present writ petition has been preferred by the petitioner Smt. Vimla Rathore assailing the impugned order dated 20.10.2015 passed by learned Special Judge (Fake Currency Note Cases) and Additional Sessions Judge, Jaipur City, Jaipur in criminal revision petition no. 213/15 by which learned revisional court while dismissing the revision petition, affirmed the order dated 18.9.2015 passed by learned Metropolitan Magistrate No. 11, Jaipur Metro, Jaipur whereby learned Magistrate after hearing the petitioner-complainant ordered to proceed under Chapter XV of Cr.P.C. on an application submitted along with the complaint filed by the petitioner-complainant.
(2.) The brief facts of the case are that petitioner-complainant submitted an application u/S. 156(3) Cr.P.C. along with complaint before the learned Magistrate and prayed that information be forwarded to SHO, P.S. Ashok Nagar, Jaipur for causing investigation u/S. 156(3) of the Code and thereupon submit report to this court u/S. 173(2) of Cr.P.C. within the time period as may be deemed just and proper by the Hon'ble Court.
(3.) The first information report was annexed with this application as Annexure-P-5 which reads as under:- that on 24/3/2014, Mr. Abhimanyu Singh Director of Gujarat Gajra Pinions Limited having Head Office at 10, M.G. Road, Indore-452001 Madhya Pradesh and also running the business under the name and style of Mr. Beans (HOME CAFE) having office and works restaurant at E-141A, Sardar Patel Marg, C-Scheme, Jaipur-302001 through his associate Mr. Devendra Pratap Singh s/o Shri Ram Pratap Singh r/o D-32, Saraswati Marg, Banipark, Jaipur-302016 and others made an agreement (in writing, registered at Sub-Registrar office) with the informer that he will pay the monthly consideration on or before 7th date of every month. However, the consideration was never paid regularly and from May' 2014 no payment has been made till date. Similarly even TDS' was paid after a lot of delay. All along the informer was under impression that good sense will prevail and Mr. Abhimanyu Singh will make payments which might have been delayed due to recession or business upheaval due to change of name from Mr. Beans to Home Cafe . The total consideration from May, 2014 to October' 2014 is amounting to Rs. 3,34,892/- (Three Lakhs Thirty Four Thousand Eight Hundred Ninety Two) due at the rate of Rs. 62,492/- per month for which informer sent a legal notice dated 30/10/2014 through her counsel Mr. Hihanshu Agnihotri, to which a reply dated 13/11/2014 was sent by Mr. Singh through Mr. R.K. Malviya. In the reply, they admit that there was a business relationship between us but sometime in May' 2014, they prepared some fraudulent documents in connivance with co-sharers of the property by which they claim to have ousted me from the ownership. This is case of fabrication of documents related to the property situated at E-141A-02, Sardar Patel Marg, C-Scheme, Jaipur in which my ownership and possession is well established since 1980 till date but by preparing the fraudulent documents, the accused persons are claiming that I have no right on the property. 4. Name & Address of the Criminal: To Be Investigated As Per Law- (i) Abhimanyu Singh (ii) Mr. Devendra Pratap Singh (iii) Other unknown persons may be co-sharers of property. 5. Steps taken regarding investigation explanation of delay in regarding information. No Delay It is requested that a FIR be registered and investigation may be caused to bring the culprits to face the consequences of their offences. The criminal case is about fabrications of documents to dispossess the informer from her property. Separate eviction proceedings and civil suit for recovery are being filed. ;