RAM SARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN first Information Report No. 132 dated 20th September, 1983 registered against the petitioners along with a few others in Police Station, Bassi Pathana district Patiala certain public spirited people of the area informed D.S.P. Bassi Pathana; "We the under mentioned, who have been cheated to the tune of lakh of rupees by the owners of Janta Benefit Scheme are giving this complaint against them. In this scheme the undermentioned owners and the operators on whose asking we have deposited our money, have been enticing people to deposit money in the Scheme They operate sitting on tables and chairs. Some out of them fill up receipts and others are coaxing the people to make deposit so that they may get back double the amount. Both (1) Ram Saran alias Labbo s/o unknown Mohalla Gilchian near Patwarkhana Bassi Pathana (2) Jarnail Singh s/o Kaur Singh Mohalla Behlolpuri, Bassi Pathana are collecting money from public and get the receipts signed by some body else who was sitting inside the shop, (3) Third Partap Singh son of Wisakhi Ram resident of Ambala, who was signing on the receipts, has it is learnt that by deceit, given his postal address as Bassi Pathana, (4) Kuldip Singh Malhotra s/o Gurdial Chand Saraf, (5) Ram Charan Malhotra residents of Kila Mohalla are sleeping partners of this firm on whose behalf money has been collected. The registration number of this firm is 664 of 30-8-63. We suspect there is some body else behind. these people on whose, backing they are looting the public. They should be arrested and lakhs of rupees of the public should be got paid back." Investigation therein persuaded the police to put up the challan against the accused petitioners in, Court. The charge under section 420 of the Indian Penal Code was framed against the accused petitioners by the learned trial court on 8th May, 1985. Criminal Revision No. 911 of 1985 has been filed by the accused petitioners for reversal of the order dated 8th May, 1985 and quashing the proceedings against them based thereon on the grounds that deposit of money with the petitioners created a fiduciary relationship between the depositors and the company which could give rise to a civil liability only, that the two petitioners are only petty employees of the company, who are being unnecessarily harassed and the proceedings against the in are not likely to succeed before the learned trial court.

(2.) I have heard Shri Aschhra Singh, Advocate, for the petitioners, Miss Rozy A. Singh, Advocate, for the State and have carefully gone through the First Information Report and subsequent proceedings based thereon taken against the petitioners by the learned trial court.

(3.) I have given the matter my considered thought and attention. First Information Report was not lodged by the depositors nor did the depositors seek return of their money. It is only the public spirited people who brought the cheating the innocent people indulged in by the petitioners to the notice of police and the police at the initiative of the D.S.P. Police Station, Bassi Pathana have launched the action for preventing this racket of cheating formed by the petitioners with their other guilty associates in crime; out of whom Partap Singh is absconding.