J.K. SOOD Vs. KULDIP SINGH SAHNI

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for seeking quashing of complaint (Annexure P-2) and summoning order dated 3-1-1990 (Annexure P-1). The complaint has been filed for offences under Sections 406/420/120-B/34 of the Indian Penal Code and vide the impugned summoning order the petitioner, along with three others, has been summoned to face trial for the aforesaid charges.

(2.) THE learned counsel for the petitioner has at the very outset challenged the complaint and the impugned order of summoning shortly on the ground that even if the allegations in the complaint are taken to be true on their face value, no offence is made out against the petitioner and consequently, the summoning order also suffers from the same vice and is liable to be quashed there being no incriminating evidence recorded before Summoning the petitioner.

(3.) AFTER recording of the preliminary evidence of three PWs, the trialCourt passing the impugned order (Annexure P-1) summoning the accused and operative part of the said order reads as under :-