AMAR NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) An FIR No. 285 dated 17-10-1989, under Ss. 406/408/420/468/471, I.P.C. was registered with Police Station City Dabwali, on the basis of a complaint letter dated 13-10-1989, filed by the In-charge of Haryana Agro Industries Corporation Limited. It has been alleged that one Roshan Lal Chawla, Supervisor, Co-operative Store Keeper and M/s. Amar Nath Bansal and sons have defrauded the Corporation and that some embezzlements have been committed. After investigation, the police submitted challan against Roshan Lal Chawla only who was charged on 27/11/1991 and thereafter he is stated to have been acquitted by the trial Court on 5-6-1998.

(2.) During the pendency of the trial, the accused-Roshan Lal Chawla filed an application under S. 319 of the Cr. P.C. for summoning the petitioner as an accused in the case. The application was allowed and the petitioner-Amar Nath son of Baisakhi Ram was summoned as an accused to face the trial. Aggrieved of the order, the petitioner filed a revision petition before the learned Sessions Judge, Sirsa, and that the revision-petition was allowed vide order dated 16/09/1998 and that the impugned order dated 7/08/1997, was set aside. However, the learned Additional Sessions Judge while concluding the order observed that the trial Court may summon the petitioner as co-accused on the asking of the prosecution.

(3.) The complainant filed an application under S. 319 of the Cr. P.C. for summoning the petitioner, resultantly vide order dated 21-10-1998 passed by the trial Court the petitioner has been summoned to stand trial. The petitioner has been charged vide order dated 7/12/1998.