EMSHEEL CHEMICAL INDUSTRIES Vs. RULDU RAM TEJPAL

JUDGEMENT

(1.) The petitioner filed a complaint for prosecuting and punishing Shri Ram Sharma, his wife, Mrs. Sudha Sharma, Shri Roldu Ram and Smt. Ram Piari (hereinafter referred to as accused Nos. I to 4) in respect of the commission of an offence punishable under Section 420 read with Section 120-B IPC. According to the allegations of the petitioners, in pursuance of a conspiracy the aforesaid accused dishonestly and fraudulently induced the former to open letters of credit and pay money in respect of the import of a product known as Gamapicoline which was ultimately imported from New York, U.S.A. and received at Bombay and Calcutta ports.

(2.) The complaint came before Shri Jaswant Singh, Metropolitan Magistrate, New Delhi, who on July 4, 1981 expressed an opinion that there were sufficient grounds for proceedings against all the accused under Sections 120-B and 420 Indian Penal Code and ordered the summoning of all the accused. Feeling aggrieved from the said order, the accused brought a Revision Petition in the court of Sessions which came up before Shri B.S. Choudhary, Additional Sessions Judge. New Delhi. The Learned Additional Sessions Judge maintained the order of the Learned Magistrate in respect of the summoning of accused Nos. I and 2 but the order of summoning the remaining accused Nos. 3 and 4 was quashed. The present petition is directed against the aforesaid order dated 14-1.1983 of the learned Additional Sessions Judge.

(3.) It is not possible to find out the reasons which impelled the learned Additional Sessions Judge to pass the impugned order. The Learned Additional Sessions Judge spent most of his time in summarising the allegations of the petitioners and the arguments of the counsel for the parties. Then he expressed an opinion that although the preliminary evidence established the commission of offence by accused Nos. I and 2, yet the other two persons (referring to accused Nos. 3 and 4) were not directly connected with the commission of the alleged offence. The exact words used by the learned Additional Sessions Judge in respect of accused Nos. 3 and 4 read as under :