TEJINDERKAUR @ TEJINDERJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision petition is to judgment of acquittal dated 26.2.2007, passed by the Additional Sessions Judge, Amritsar.

(2.) It transpires that, at the instance of the petitioner-complainant/prosecutrix, respondent No. 2/accused was tried for commission of offences under Sections 376, 506, Indian Penal Code. Acquittal has been recorded by the trial court while noticing that the complainant is a clever lady. She had strong motive to falsely implicate the accused. An agreement for selling house of the complainant was executed and earnest money to the tune of Rs. 1,05,000/- was received. The complainant admitted the agreement, Exhibit DC/1, and another document, Exhibit DC/2, which bear her signatures.

(3.) The complainant also issued cheque, Exhibit DD, for a sum of Rs. 50,000/-. The sale deed was to be executed on 13.1.2004. The accused started demanding the cheque back. The complainant wanted to secure the cheque without payment of amount. After arrest of the accused, the complainant reached a compromise with the accused and the cheque and other documents were handed over to Shri R.M. Zakhmi, Advocate. On 27.1.2004, the complainant, accompanied by her husband and brother, visited the office of Shri Zakhmi and sought permission to take the cheque out of the room as the room was not sufficiently illuminated. After taking the cheque outside, the complainant fled with the cheque and the documents. In regard to this offending act, Shri Zakhmi lodged a complaint, Exhibit D1, whereupon FIR, Exhibit D2, was registered. Challan has been presented against the complainant and her husband in the said case (FIR No. 89 of 2005) and they are facing trial. From Exhibits DX/1, DX/2, DX/3, DX/4 and DX/5, it becomes evident that the complainant is being tried for commission of offence under Section 138, Negotiable Instruments Act, 1881, also.