PRABHJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the orders dtd. 11/4/2018 (Annexure P-1) passed by the learned Judicial Magistrate, 1st Class, Rajpura, whereby an application under Sec. 319 Cr.P.C. to summon the petitioner as an additional accused in FIR No.267 dtd. 11/10/2021 has been allowed and the order in revision of the learned Additional Sessions, Patiala dtd. 28/8/2018 (Annexure P-2) whereby the said order (Annexure P-1) has been affirmed.

(2.) The brief facts of the case are that one Bansi Lal complainant/respondent No.2 father of Paras Gera filed a complaint before the police authorities including IG Zone-1, Patiala. Briefly stated the sum and substance of the complaint by Bansi Lal was that he wanted to send his son Paras Gera to England and he therefore wanted to open a bank account. For that reason he met Maneet Singh Bindra resident of Panchkula. Thereafter Maneet Singh Bindra sent one person with Bansi Lal and Paras Gera to Rajpura from Panchkula. Thereafter an account was duly opened in Axis Bank Rajpura. Maneet Singh Bindra had thereafter took the complete cheque book of the account at Rajpura after getting the same signed from Paras Gera. Thereafter Maneet Singh Bindra got deposited a sum of Rs.7.00 lacs in the account of Paras Gera who then went to England. Subsequently Maneet Singh Bindra took out all the money from the account of Paras Gera. Maneet Singh Bindra thereafter also kept on getting amount deposited in the accounts of Paras Gera from Australia and he used to withdraw it through cheques which were given by Paras Gera. The account of Paras Gera had been misused by Maneet Singh Bindra and then Maneet Singh Bindra had returned two cheques back to Bansi Lal. A case was sought to be registered against Maneet Singh Bindra for misusing the cheques of Paras Gera. The original complaint is annexed as Annexure P-3 to the petition.

(3.) Pursuant to the registration of the FIR, whereby the petitioner is not named, an investigation was conducted and during the course of investigation, the names of three other accused namely, Sunil Jaggi, Director of Oscan Consultant India Ltd., Prabhjot Singh (the petitioner) and Tejinder Singh were added.