MANJU GUPTA Vs. M S PAINTAL

JUDGEMENT

(1.) Smt. Manju Gupta, the Petitioner herein, and her husband Surinder Nath, were summoned by Shri 0m Parkash Metropolitan Magistrate, New Delhi, by his order dated 23rd June, 1979, for an offence under Sections 467/471 read with Section 34 of the Indian Penal Code on a complaint filed by Lt. Col. M.S. Paintal.

(2.) At the outset it may be noted that the petitioner herein had challenged the said order by filing a revision petition in the Court of Sessions Judge, Delhi. The said petition was dissmissed by Shri S.R. Goel, Additional Seionsss Judge, vide his order dated 23rd January, 1981, on the ground that the petition was time barred. The petition was filed on 17th September, 1980 i.e., after one year and three months of the passing of the impugned order. From the judgmentof the learned Additional Sessions Judge, it appears that after conclusion of arguments an application was filed under Section 5 of the Limitation Act seeking condonation of delay in filing the revision petition. While rejecting the petition and the said application, the Additional Sessions Judge has come to the finding that the revision petition was an abuse of the process of the Court and was an effort to avoid appearance in Court by Smt. Manju Gupta in compliance with the order dated 23rd June, 1979, i.e., the order summoning her to appear as an accused.

(3.) The complainant is the owner and landlord of premises bearing Municiple Number C-221, Sarvodaya Enclave New Delhi. He had let out the ground floor of the said premises to South Delhi Public School through Surinder Nath accused No. 1 at a monthly rent ofRs.lOOO.00 . The said school is run by a Registered Society known as Cosmopolitan Society of Education Research and Child Welfare. It appears that there is civil litigation pending between the parties. The complainant Mr. Paintal has filed eviction petition against accused Surinder Nath and the society and has also filed a suit for recovery of arrears of rent against them.