RATTAN SINGH AND ANOTHER Vs. KANTA DEVI

JUDGEMENT

(1.) Harinder Singh died on 21.10.1982 in a roadside motor vehicle accident leaving behind Kanta Devi his widow, Geeta minor daughter, Rattan Singh and Smt. Parwati, parents. He also left the assets valuing at Rs. 11762.95. The parents obtained succession certificate from the Court on 7.11.1984 in their favour misrepresenting that they were the only heirs of their deceased son Harinder Singh. On the strength of the said succession certificate, Rattan Singh withdrew an amount of Rs. 394.16 from the Bank. Smt. Kanta Devi having come to know of the above facts instituted criminal complaint No. 74/C of 1986 under Section 120-B, 193, 209, 419, 420, 446, 467 and 468 Indian Penal Code against Rattan Singh and Smt. Parwati in the Court of Sh. S.C. Goya, Judicial Magistrate, Ist Class, Rahtak who after recording pre charge evidence discharged the accused, vide his judgment dated 8.1.1988.

(2.) Feeling aggrieved Smt. Kanta Devi filed criminal revision No. 13 of 1988 which was heard by Additional Sessions Judge, Rohtak who vide his judgment dated 11.11.1988 found that even if it is assumed that charge under Sections 193 and 209 of the Indian Penal Code had not been made out against the accused there was sufficient ground for presuming that the accused has cheated the Bank and consequently cheated Smt. Kanta Devi and her minor child. The case under Section 420 Indian Penal Code had been prima facie made out. He accepted the revision petition, set-aside the order dated 8.1.1988 passed by Judicial Magistrate, Ist Class, Rohtak for proceeding according to law. This judgment of November 11, 1988 of Additional District Judge, Rohtak has been assailed before this Court in this Revision Petition.

(3.) It has been argued by the learned counsel for the respondent that although case under Sections 193 and 209 Indian Penal Code had not been made out against the accused but they could certainly be charged under Section 420 of Indian Penal Code for their having cheated Kanta Devi and her minor child by obtaining a succession certificate from the Court on making false representation that they were the only heirs of the deceased and further on the strength of the said false certificate having withdrawn an amount of Rs. 187.28 from the Bank.