JAGJIT SINGH Vs. SUJAN SINGH

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Additional Sessions Judge, whereby on revision, he set aside an order of discharge passed by the Magistrate 1st Class, and directed further enquiry.

(2.) Sajjan Singh, a partner of Messrs Jullundur Body Builders Rohtak Road, Delhi (hereinafter referred to as " Jullundur Body Builders' ) had, on the 17th January, 1966, submitted a report to the Superintendent Police, C 1. D., Crime Branch, Delhi, alleging that the petitioners, who were Directors of Messrs B. Dharam Singh & Company Private Ltd. had cheated the Jullundur Body Builders. It was stated, in the report, that on the 8th May 1965, Messers Swayamber Lal Motor Service (Private Ltd.) Indore had delivered to the Jullundur Body Puilders two Leyland Bus chasis for building bus bodies, that the Jullundur Body Builders had agreed to build the bus bodies on payment of Rs. 26,000 that a sum of Rs. 1000 was paid on the 17th April 1965 and another sum of Rs.7000 on the 21st May, 1965 towards the cost of construction and the balance of Rs.l8,000 was to be paid at the time of delivery of the buses, that the two buses were ready on the 30th June, 1965 and that on the same day, the petitioners had approached Sajjan Singh to deliver the buses to Messers Swayamber Lal and bad agreed that they would make the payment ofRs.l8,000to the Jullundur Body Builders incase Messers Swayamber Lal failed to make the payment before the 15th July, 1965, that on the basis of the assurance of the petitioners, the Jullundur Body Builders had delivered the two buses to Messrs Swayamber Lal on the 30th June, 1965, that Messrs Swayamber Lal did not makethe payment of Rs.l8,000 on the 15th July, 1965 as stipulated, that the Jullundur Body Builders approached the petitioners to make the payment, that the petitioners had, on the 28th July, 1965, issued to the Jullundur Body Builders, a cheque for Rs. 18000 on the Lakshmi Commercial Bank but that cheque was dishonoured, that thereupon the petitioners issued two cheques for Rs. 10,000.00 and Rs.8,000.00 on the 8th September and the 13th September 1965 respectively, but those two cheques were also dishonoured, that the petitioner again issued two cheques for Rs. 13,000 and Rs.5000.00 on the 26th October, 1965, but those cheques were also dishonoured, that the conduit of the petitioners showed that the intention of the petitioners was dishonest from the very start and they had fraudulently and dishonestly induced the Jullundur Body Builders to deliver the the two buses to Messers Swayamber Lal on the false assurance that they would make payment.

(3.) On the above allegations, it was prayed that action be taken against the petitioners under section 420, Indian Penal Code. A case under section 420, Indian Penal Code, was registered at Police Station, Sarai Rohilla. on the 24th May, 1966, on the basis of the report submitted by Sajjan Singh.