UDAY SHANKAR RAO Vs. AMARENDERA KUMAR DUTTA

JUDGEMENT

(1.) Leave granted.

(2.) The position in the instant case is no different. The Respondent-complainant filed a complaint before the Chief Judicial Magistrate at Lakhimpur alleging that a certain policy which the Respondent intended to secure from SBI Life Insurance Company Limited was meant to be a Unit Plus I policy for a sum of Rs. 1 lakh. Instead of a Unit Plus I policy, however, the company was alleged to have fabricated a proposal form for a Unit plus 11 policy involving payment of a sum of Rs. 1 lakh p.a. for a period of five years to earn a cumulative benefit of Rs. 5 lakhs or so. The Chief Judicial Magistrate examined the complaint but came to the conclusion that the same did not make out a prima facie case against the Appellant herein and accordingly dismissed the complaint by his order dated 18.05.2007. Aggrieved by the order passed by the Magistrate, the complainant filed a revision petition before the Additional Sessions Judge, Lakhimpur, which revision petition was allowed and the matter remanded back to the Chief Judicial Magistrate for a fresh order in accordance with law. The Addl. Sessions Judge while disposing of the revision petition took the view that the ingredients of forgery of the signatures of the complainant by the accused persons were made out from the complaint and that the material placed on record prime facie called for initiation of proceedings against the accused persons for offences punishable Under Sections 468 and 471 of the Indian Penal Code.

(3.) The Appellants questioned the correctness of the order passed by the Addl. Sessions Judge before the High Court at Guwahati in criminal Revision Petition No. 317 of 2007 which was dismissed by the High Court in terms of an order dated 14.11.2007. The CJM had by that time issued summons to the Petitioner for offences punishable Under Sections 468 and 471 of IPC. The Petitioners were, therefore, left with no option but to file a petition Under Sections 482, Code of Criminal Procedure before the High Court challenging the summoning order passed by the CJM. The High Court has, by the order impugned before us, dismissed the said petition and affirmed the order passed by the CJM.