VIJAY KUMAR Vs. BACHNA

JUDGEMENT

(1.) Vijay Kumar petitioner is being prosecuted before Sh. R. G. Ahluwalia, Judicial magistrate I Class, Hoshiarpur on the complaint filed by Bachna, respondent, under sections 193,420,467/109, Indian Penal Code. He seeks the quashing of the complaint and the consequent proceedings.

(2.) The facts on the basis of which the prosecution was lunched by the respondent-complainant may be briefly narrated, from the averments made in the complaint, Annexure P5. During September 1988, on account of heavy rains, havoc was playeod by the floods and as a result thereof, some agricultural lands were rendered until for cultivation on account of deposit of sand the Punjab Government sanctioned a scheme to help small farmers by means of subsidy to remove that sand. No land of the petitioner was affected by the floods, but in March 1989, the affected farmers moved applications for the grant of loan under the above mentioned scheme. The petitioner and other accused applied for the grant of loan and along with their applications, they filed false affidavits. On the basis of those applications, the Primary Coop. Agri. Development Bank Ltd. , (the Bank in brief) issued a loan of Rs. 14,000. 00 in favour of the Soil Conservation Officer who was to execute the scheme on the basis of the loan sanctioned in favour of the petitioner and others. In fact, no sand was deposited in their fields during the floods and the loans were obtained on false representation.

(3.) The petitioner avers that agricultural land situated in Balachaur had been damaged by floods and deposit of large quantity of sand due to floods in September 1988. The petitioner and others had sought help and loans were distributed through the Bank. These loan applications had been duly processed by the field stuff of the Bank. The respondent had filed a complaint to the concerned authorities on the basis of which reports were made by the officers, including the Chief Conservator of Forests. The proposal of the said officer had been approved by the Secretary to Govt. Punjab Development Department. No false declaration had been filed by the petitioner and others.