D K AGARWAL Vs. JANARDAN PD SHARMA

JUDGEMENT

(1.) THE present revision under sections 397/401 of the Criminal Procedure Code (for short the code) is directed again the order dated 23rd July 1986 Passed by the Sessions Judge, Saharanpur allowing the revision and setting aside the order of the learned Magistrate dated 29th January 1986 dismissing the complaint under section 203 of the Code and refusing to issue the process against the present applicant in a complaint case under sections 415, 416, 417 and 420 of the Indian Penal Code.

(2.) THE facts in brief leading to the present revision are that a complaint was filed by Sri Janardan Prasad Sharma, Asstt. Registrar, Roorkee University, Roorkee against D. K. Agarwal, the present applicant for the alleged offence under sections 415, 416, 417 and 420 of the Indian Penal Code. The case of the complainant was that the Opposite Party was not employed in the University but got an advertisement published in the Times of India dated 24th August, 1985 and 29th August, 1985 to the following effect :

(3.) THE present applicant has shown himself to be Director, University Publication (Postal Guidance Cell) Roorkee whereas the complainant has alleged that the present applicant was not associated with any post about Entrance Examination nor he has any other authority about the admission of the students. In other words it was alleged in the complaint that the present applicant deliberately got the aforesaid advertisement published in the newspapers. Consequently many persons applied for application form etc. and the applicant has earned a huge amount by practising cheating by impersonation and dishonestly inducing delivery of property. According to the allegations in different paragraphs of the complaint, prima facie evidence of cheating by impersonation and dishonestly inducing the delivery of property was made out. The Magistrate refused to issue process on the ground that the Roorkee University did not suffer any loss. The order of the Magistrate refusing to issue process was set aside by the impugned order dated 23rd July 1986, and process has been directed to be issued against the present applicant.