SURINDER MOHAN VIKAL Vs. ASCHARAJ LAL CHOPRA

JUDGEMENT

(1.) This appeal by special leave has been filed by accused Surinder Mohan Vikal against the judgment of the Punjab and Haryana High Court dated March 2, 1977, rejecting his application for revision of the Magistrate's order dated Sept. 15, 1976 summoning him as an accused for the trial of an offence under S. 500 I.P.C. at the instance of respondent Ascharaj Lal Chopra.

(2.) The appellant challenged the Magistrate's order for two reasons, but the controversy before us refers to his claim that the Magistrate could not take cognizance of the offence under S. 500 I.P.C. as the period of limitation prescribed by S. 468 of the Cr. P.C. had expired. The controversy thus relates to a short point of law and can well be examined on the basis of the admitted facts.

(3.) The appellant was working as General Secretary of the Central Bank of India Employees Union, Punjab Ludhiana, which was a registered body. The respondent was employed as Special Assistant in that Bank, and one Amreek Singh was employed there as a clerk. The respondent worked as the General Secretary of the Union while Amreek Singh worked as its Treasurer before the appellant took over as General Secretary. The appellant filed a complaint in the Court of judicial Magistrate First Class, Ambala Cantt, on March 15, 1972, for the commission of an offence under S. 406/420 I.P.C. alleging that the respondent and Amreek Singh with "a common intention and collusion with each other, transferred a donation entry of Rs. 1100/- in the personal account of accused No. 1 (A. L. Chopra) by adjustment vide voucher dated 19-2-71 at Ambala Cantt." It was also alleged that the accused misappropriated a sum of Rs. 1100/- of the Union with "criminal intention" and "fraudulently and with a dishonest intention." By his judgment dated Feb. 11, 1975, the Magistrate convicted the respondent and Amreek Singh of the offence under S. 408/34 I.P.C. and sentenced them to rigorous imprisonment for one year and a fine of Rs. 1000/-. The Additional Sessions Judge of Ambala however acquitted both of them by his judgment dated April 1, 1975, and that judgment was upheld by the High Court on May 15, 1975. Respondent Ascharaj Lal Chopra then filed a complaint against the present appellant Surinder Mohan Vikal in the Court of Judicial Magistrate First Class, Ambala, dated Feb. 11, 1976, for the commission of the offence under S. 500 I.P.C. The Magistrate examined the complainant and his witnesses, and made the order dated Sept. 15, 1976 for the issue of summons for the appearance of the present appellant in that case. That was why the present appellant applied to the High Court under S. 482 I.P.C. for quashing the Magistrate's order taking cognizance of the offence against him. As his application has been rejected by the High Court, accused Surinder Mohan Vikal has preferred the present appeal as aforesaid.