- (1.) Petitioner has laid this criminal misc. petition under Section 482 Cr.P.C. to assail FIR No.71 of 2013, registered at Police Station Khanda Falsa, Jodhpur, charging him for the offences punishable under Section 406 and 420 IPC.
(2.) Facts, in brief, as spread out in the petition, are that the petitioner was authorized broker of Zydus Infrastructure Private Limited Company (for short, 'Company') in terms of agreement dated 13th of October 2011 to sale lands of Company and his status as broker was extended by fresh agreement dated 6th of June 2012 and thereafter for further periods. It is alleged in the petition that complainant - respondent No.2 Rakesh Somani was aspirant to become broker of the said Company but when his cherished mission failed, he became desperate. It is with this state of mind, to avenge his personal vengeance against the petitioner, he made several complaints against him (petitioner) to the Company, Registrar of Companies and even hurled threat to the petitioner to resign from brokership of the Company. As per the version of the petitioner, this sort of cantankerous behaviour of the second respondent prompted him to lodge a complaint on 18th of September 2012 before the Assistant Commissioner of Police, Jodhpur under Section 107 and 116(3) Cr.P.C., for execution of bond of good behaviour by the second respondent. The complaint/application aforesaid was later on forwarded to Police Station Dangiawas for inquiry. Finally, notices were issued to the complainant and his associates Kailash Chandra and Manoj by the Executive Magistrate for maintaining peace and tranquility.
(3.) In continuation of narration, it is further averred in the petition that present matter is outcome of a complaint lodged by complainant to the Superintendent of Police, Pali on 15.03.2013 on internet with the allegation of cheating by petitioner and pursuant thereto SHO, Police Station, Rohat commenced investigation, however, the complainant did not cooperate in investigation and wanted that the matter be investigated by Jodhpur police as such the proceeding were dropped on 22.04.2013 and a report to that effect was submitted to the Superintendent of Police, Pali. Later on, a complaint was filed before the Court, which was sent for investigation under Section 156(3) of the Cr.P.C. and was registered as FIR No.71/13 with Police Station Khanda Falsa, Jodhpur for the offence under Sections 406 and 420 IPC containing allegations that the petitioner showed a land in Rohat alleging it to be of the Company and received Rs.50 lacs through cash and cheques whereas in fact it was not of the Company. It was further alleged that petitioner refused to enter into any agreement in respect of the transaction and thereby played fraud.;