SARDAR GURDIAL Vs. SANDEEP SHARMA

JUDGEMENT

(1.) The present revision petition is filed by the petitioner under Section 397 read with Section 401 of Cr.P.C. praying inter alia for quashing of the order dated 31.1.2009 passed by the learned District Judge-cum-ASJ in Crl.Appeal. No. 6/08, upholding the order dated 1.12.2006 passed by the learned Metropolitan Magistrate, who had dismissed the complaint filed by the petitioner against the respondent for allegedly committing an offence punishable under Section 500 IPC.

(2.) The main grievance of the counsel for the petitioner against the impugned order is that the courts below erred in dismissing the complaint of the petitioner by going into the merits of the case, whereas at the stage of pre-summoning, the evidence and statements made by the petitioner have to be accepted as true and correct. In support of the said submission, he draws the attention of this Court to the complaint filed by the petitioner against the respondent under Sections 190 & 199 Cr.P.C. praying inter alia for trying and punishing him for the offence under Section 500 IPC, the statement on oath made by the petitioner before the learned Metropolitan Magistrate recorded on 14.3.2005, and the order of the learned Metropolitan Magistrate, passed on 1.12.2006.

(3.) In short, facts of the case are that Smt. Jaswant Kaur, the mother of the petitioner filed a criminal complaint against the respondent and others under Section 133 Cr.P.C. before the learned Sub-Divisional Magistrate, Delhi Cantt. The basis of the said complaint was the fact that the respondent, who is the next door neighbour of the petitioner, was running an X-ray clinic from his premises. Vide order dated 5.9.2002, notice was issued to the respondent in the aforesaid complaint calling upon him to file a reply thereto. In response to the notice, the respondent submitted a reply dated 13.9.2002 to the court of the learned SDM. In para 1 of the said reply, the respondent stated as below: