AJAY KUMAR SAINI Vs. SUKHVINDER SINGH

JUDGEMENT

(1.) IT is a very unique, peculiar and unfortunate case where a Judicial Officer throwing all norms of propriety to winds has exercised jurisdiction not vested in him, bordering on the abuse of the process of law as well as his position as a Judicial Officer.

(2.) A pure and simple loan transaction was made the subject matter of a criminal complaint filed by the Respondents against the Petitioner. It is the admitted case of the Respondents that on 31st August, 2006 an amount of Rs. 3,50,000/ -(Rupees Three Lacs Fifty Thousand only) was taken on loan by the Petitioner from the Respondents and a receipt was executed on that date acknowledging the receipt of the aforesaid loan amount on 31st August, 2006 and undertaking to re -pay the same to the Respondents before 31st September, 2007 and in case of failure, to pay compensation as well as expenses.

(3.) SECTION 405 of the Indian Penal Code defines "Criminal Breach of Trust". It reads thus: