SUNIL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order-dated 20.1.2006 passed by CJM, Dehradun and also to quash the proceedings of the Criminal Case No.231/2006, State Vs. Sunil Singh, U/s 420/467/468/471/406/120-B/201 IPC.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that Smt. Bharti Ganguly-respondent no.2 lodged an FIR before the SSP Dehradun with the averments that she was teaching the children at her residence and the petitioner used to help her. On 23.3.2004, the complainant had decided to leave the said profession but the petitioner Sunil Singh and his parents came to the complainant's house and requested her to continue the same profession as the petitioner had no other business and due to the above said work, the petitioner would also get the employment. On the request of the petitioner and his parents, the complainant continued to teach the children and on the same day, a partnership deed was also written between the petitioner and the complainant. The petitioner had assured the complainant and also took her into confidence that whatever the money he would receive from the children, he would deposit the same in the Bank and also receive his salary from the bank through Cheque. In June 2004 through Cheque Nos.412909 and 420713, the petitioner received Rs.5,000/- and Rs.6,000/- respectively towards salary. The petitioner had assured the complainant that he would not commit any cheating or fraud and would maintain the records properly. On this assurance, the accounts work was given to the petitioner by the complainant. In the last week of June, the complaint went to Calcutta and then the petitioner got some cheques signed by the respondent no.2, to be used in case of necessity. The petitioner misappropriated the amount of the school and after demanding by the complainant, he has not submitted the accounts. The petitioner once submitted the Photostat copy of the accounts in his own handwriting and in that account, the petitioner had shown that by Cheque No.412919, he has withdrawn his salary and this cheque was given in 2004. On the hot talks between the complainant and the petitioner, the said account was closed on 31.7.2004 and the account of school was also closed and the school account was seized in the month of September 2004, bearing Current A/c No.938, Bank of Baroda, Kishan Nagar, Chowk, Dehradun. However, the petitioner put the blank cheque bearing No.412919 in his possession which was signed by the complainant as a blank when she had gone to Calcutta and that cheque was given by the petitioner to one B.S. Kantura by filling amount of Rs.50,000/- therein fraudulently. But that B.S. Kantura was neither known to the complainant nor she took any loan from that person. It was further stated that the petitioner, who was having the intention of commit fraud since beginning, forged the money of Rs.1,05,119/- received from the children of school and did not deposit that money in the Bank. This fact was in full knowledge of Bhawna Ahluwalia. It was further stated that the petitioner, in connivance with one B.N. Kantura, in Cheque No.412919 filled amount of Rs.50,000/- dated 25.5.2005, and thereby grabbed that money thereby causing loss to the tune of Rs.50,000/- to the complainant. It was further stated that there are certain documents as well as the cheques and passbooks signed by her, are still lying with the petitioner. With these allegations, the application was moved. On the basis of this application, a case was registered against the petitioner and co-accused B.S. Kantura and the matter was investigated. During the course of investigation, the I.O. recorded the statements of complainant Bharti Ganguly and that of Bhawna Ahluwalia, Nirmal Kumar u/s 161 Cr.P.C. and after collecting the oral and documentary evidence, the I.O. has submitted charge sheet against the petitioner and co- accused B.S. Kantura U/s 420/467/468/471/406/120-B/ 201 IPC in Case Crime No.112/2005. Thereafter, the learned Chief Judicial Magistrate, Dehradun after analyzing the entire facts and circumstances of the case, proceeded to summon the petitioners U/s 420/467/468/471/406/120-B/ 201 IPC vide order dated 20.1.2006. Feeling aggrieved, the petitioners have filed this application.