Mohd. Yamin, J. - (1.) This is a petition under Section 482 Cr.RC. for quashing the order of the Judicial Magistrate No. 2, Jaipur City, Jaipur dated 5.8.1991, by which he took cognizance against the petitioner under Section 406 IPC in the matter of F.I.R. No. 3/1990, Police Station Ashoknagar, Jaipur, in which Final Report was submitted by the Police.
(2.) Brief facts may be stated as follows :
(3.) M/s Hind Contractors and Company was a registered firm which filed a suit against Gurdayal Rawat and M/s. Kamal & Company, through Kamal Chand Kasliwal, in the Court of Civil Judge, Jaipur City on 5.7.1967 alleging that one of the partners of the Firm (respondent No. 2) asked Gurdayal Rawat to purchase a second hand car for the firm and advised to keep some money as advance with him. Thereupon respondent No. 2 gave a cheque for Rs.7,000/- in the name of self' drawn on State Bank of Bikaner and Jaipur, Sheoganj Branch in May, 1964 which was dishonoured. Then Shri Rijhwani sent telegraphic transfer instructions to Shivganj Branch on 12.5.1964 and ultimately the amount was deposited in the account of M/s. Kamal and Company on 14.5.1964. It was alleged in the suit that inspite of several requests, car was not supplied nor amount was returned. Shri Rijhwani met Kamal Chand Kasliwal and demanded the money back which he refused to return. This Civil suit was dismissed on 27.11.1972. No appeal was filed.;