SUNITA SHARMA Vs. SPECIAL JUDICIAL MAGISTRATE IST DEHRADUN

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the order dated 10.10.2005 passed by Special Judicial Magistrare, Ist, Dehradun in Complaint Case No.831 of 2004, Kailash Lakheda v. Sunita Sharma as well as quashing of charge dated 10.10.2005 and further the proceedings of the aforesaid case.

(2.) Heard learned counsel for the parties and perused the entire material available on file.

(3.) Brief facts of the case are that respondent no.3 Kailash Lakheda filed a complaint against the petitioner Sunita Sharma, the then Principal of Vivekanand School with the allegations that the complainant had taken teacher's training from Vivekanand School, Jogiwala, Dehradun during the period July 2001 to May 2002. During the aforesaid period, Rs.200/- per month of the complainant was deposited by the petitioner for eleven months, who had assured the complainant that the deposited money would be refunded back to the complainant after the training is completed. But the money was not refunded to the complainant by the petitioner. It is further alleged that after the training, when the complainant asked for Rs.2200/- which he had deposited during his training, the petitioner refused to give the same. On 5.2.2003, the complainant sent a letter to the petitioner demanding his money, but the petitioner neither gave reply of the letter nor she refunded the money. Thereafter, as a last opportunity, the complainant again sent a letter dated 23.3.2003 to the petitioner. In reply, the petitioner sent a letter dated 21.4.2003 to the complainant and offered Rs.963/- after deducting Rs.1237/- from the total amount of Rs.2200/- in lieu of the amount outstanding against the complainant towards the damage of a chair. It is alleged that the petitioner has deliberately deducted Rs.1237/- as penalty while the petitioner has herself issued clearance certificate dated 31.5.2002 to the complainant in which there was no outstanding amount on the complainant. It is further stated that neither the complainant has damaged any chair of the school nor there was any outstanding amount on him. It is further alleged that the petitioner has not refunded money of the complainant even after issuing of the clearance certificate. With the same averments, this complaint was filed by the respondent no.3 Kailash Lakheda in the court of Special Judicial Magistrate Ist, Dehradun, which was registered as Complaint Case No.831 of 2004 under Section 409 of IPC. The complainant in support of his case got himself examined under Section 200 Cr.P.C. After recording the statement u/s 200 of Cr.P.C., learned Judicial Magistrate Ist took cognizance against the applicant and accordingly she was summoned. Thereafter, on 10.10.2005, after hearing learned counsel for the parties and after recording the evidence u/s 244 of Cr.P.C., the learned Judicial Magistrate Ist, Dehradun vide his order dated 10.10.2005 directed to frame charge against the applicant and on the same day, he framed charge u/s 409 of I.P.C. against the applicant. Feeling aggrieved by the said order dated 10.10.2005 and the charge dated 10.10.2005, the petitioner has preferred the present C482 application before this Court.