[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1064/2005 SUSHIL BOHRA Vs. STATE OF RAJASTHAN & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ajay Kumar Jain for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is preferred by the petitioner for quashing the order dated 18.08.2004 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.3, Ajmer in Criminal Complaint No. 75/2005, whereby cognizance for the offence under Section 406, 120-B IPC has been taken against the petitioner. The case of the petitioner is that the complainant has only levelled allegations against the brother of the petitioner Inderchand Bohra and not against the petitioner Sushil Bohra. He also referred the impugned judgment and the statement made by the complainant and only allegation which has been alleged against the petitioner by Suresh Goyal is that the petitioner through D.D. No. 68207 dated 12.06.2000 has [2] taken Rs. 50,000/- and Rs. 50,000/0 were given by the complainant. Thus, since the complainant has not levelled any allegation against the petitioner, therefore, no case under Section 406 IPC is made out, so far as the petitioner is concerned. In support of his submissions, learned counsel for the petitioner has placed reliance on the judgment rendered by the Allahabad High Court in Ram Chandra Prasad Keshri and others Vs. The State of U.P. And another, reported in 2000 Cri.L.J. 3047, wherein the Allahabad High Court has held that the complaint filed alleging offence under Section 420, Penal Code against petitioner and other partners of firm- Petitioner dishonestly inducting complainant to supply five truck load of flour and not making its full payment of price- Commercial transaction cannot be sole reasons to hold that no offence of cheating made out- Prima facie case under Section 420 of Penal Code made out against petitioner- However, no material showing that other partners of the firm had taken active part in inducing the complainant to supply the goods intending not to pay the price thereof- Order taking cognizance of offence under Section 420 against them, not proper. [3] Relying upon the aforesaid judgment, learned counsel for the petitioner submits that since the complainant has not made any allegation regarding inducing the complainant to give amount and only Suresh Goyal has deposed that the petitioner through D.D. No. 68207 dated 12.06.2000 has taken Rs. 50,000/- from the complainant. I have heard learned counsel for the petitioner, learned Public Prosecutor and carefully gone through the order impugned as also the judgment referred by the counsel for the petitioner rendered by the Allahabad High Court. The Court while taking cognizance has only to see whether prima-facie case is made out or not against the accused and in the instant case, prima- facie case is made out against the petitioner as Suresh Goyal has averred that through D.D. No. 68207 dated 12.06.2000, amount of Rs. 50,000/- has been taken by the petitioner from the complainant, therefore, it cannot be said that no active part of the petitioner in inducing the complainant to give money is found and the ratio decided by the Allahabad High Court is not applicable to the facts and circumstances of the present case. [4] Thus, this Court do not find any illegality or error apparent on the face of the record in the order impugned dated 18.08.2004 passed by the Court below which requires any interference by this Court. Consequently, the criminal misc. petition fails and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/ [5] S.B. CRIMINAL MISC. STAY APPLICATION NO. 1283/2005 IN S.B. CRIMINAL MISC. PETITION NO. 1064/2005 SUSHIL BOHRA Vs. STATE OF RAJASTHAN & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ajay Kumar Jain for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. **** As the criminal misc. petition has been dismissed today, the stay application also stands dismissed. (K.S. RATHORE)J. /KKC/