1. This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the applicant-original complainant challenging the concurrent findings of facts by the courts below and passing the order while granting 'C' summary submitted by the investigating officer of Anand Rural Police Station in M. Case No. 4 of 2006 (Court inquiry No.6/2006) accepted by the learned Magistrate vide order dated 8.10.2008 and came to be confirmed by learned 2nd Additional Sessions Judge, Anand on 24.11.2011.
2. The investigating officer pursuant to the order passed by the learned Magistrate with regard to the allegations for commission of offence under Section 406, 403, 404, 408, 420, 467, 468, 471 and 114 of the Indian Penal Code initially order for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 was passed and the investigating officer namely Circle Police Inspector, Anand submitted a detail report after investigation on 19.3.2008. After hearing the complainant learned Magistrate found that submission of report by the investigating officer was based on examination of various allegations in the context of pendency of civil suit pending between the parties and basically the transactions were pertaining to transfer of shares and dispute about account of the partnership firm. Civil suits were pending and there was no basis about signatory legitimately put on the transaction by the accused. Besides, substantial time had lapsed and considering the above aspect even the Sessions Court examined the above aspect in detail.
3. Submissions of learned advocate for the applicant that a case is made out to investigate the offences alleged and the courts below erred in accepting 'C'' summary report by the investigating officer do not require any further deliberation by this court since on perusal of balance-sheet, income tax, pending of civil cases and material on record, the nature of dispute, prima facie, appears to be of civil nature and courts below have not erred in exercising the jurisdiction.
4. No case is made out. The application is summarily rejected.
[ANANT S. DAVE, J.] //smita// Top