SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 2.11.2017 passed by the trial Court in FIR No.206 dated 19.10.2016 vide which the application filed under Section 319 Cr.P.C. was dismissed as well as the order dated 19.10.2019 passed by the revisional Court was dismissed.

(2.) Brief facts of the case are that the petitioner got the aforesaid FIR registered with the allegations that on 31.10.2011 he has paid money to one Kaur Singh and further payment to his relative Nachhattar Singh. Later on, the complainant came to know that the money was not paid to him and Kaur Singh has misappropriated the amount. It is further stated that Harpal Singh @ Pal Singh and Kaur Singh came to his house and informed that a doctor in America bring injunctions to cure diabetes and on that count he has paid the amount. However, the amount was not paid.

(3.) On completion of the investigation, the police submitted the challan against accused Harpal Singh @ Pal Singh under Sections 420 and 384 IPC. The trial Court framed the charge and recorded the statement of the complainant who appeared as PW3. Thereafter, the petitioner filed an application under Section 319 Cr.P.C. for summoning Kaur Singh and Jaswinder Kaur as additional accused. In the application, the version given in the FIR was reiterated, The trial Court vide impugned order dated 2.11.2017 dismissed the application with the following observations :-