High Court of DelhiCRL.REV.P./816/2016

State v. Dharam Chand

2017-01-19Hon'Ble Mr. Justice P.S.Teji2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 816/2016 & Crl.M.A. 19667/2016 (Delay) STATE ..... Petitioner Through Mr.R.S. Kundu, ASC for the State with SI Ghanshyam, PS Dwarka/ South.

versus DHARAM CHAND ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 19.01.2017 The present revision petition has been filed under Section 397/401 Cr.P.C. for setting aside the order dated 04.08.2016 passed by the learned Additional Sessions Judge.

The facts of the present case are that an FIR No.71/2015, Police Station Dwarka South was registered against the respondent. After conducting the investigation, charge sheet was filed in the trial court. Vide impugned order dated 04.08.2016, the learned trial court did not find any prima facie case against the respondent/accused and discharged him for the offences punishable under Sections 354D/506/509 IPC and 12 of the POCSO Act. Undisputedly, a dispute was pending between the respondent/ accused and the father of the complainant regarding cheque bounce. A case under Section 138 of the Negotiable Instruments Act was filed

by the respondent/accused against the father of the complainant. This fact is also not in dispute that initially the Investigating Officer had gone to the spot and reported that the allegations were false and after about six months of the alleged incident the complaint was made to the police.

In view of the above mentioned facts and circumstances, this Court does not find any illegality or infirmity in the order dated 04.08.2016 passed by the trial court.

The present revision petition is accordingly dismissed. Application Crl.M.A. 19667/2016 is also disposed of. P.S.TEJI, J JANUARY 19, 2017 dd