GURBIR SINGH SANDHU Vs. RAJINDER KALIA

JUDGEMENT

(1.) Vide this order, above mentioned two petitions would be disposed of as the petitioners have sought quashing of criminal complaint No. 215/07 dated 20.11.2007 titled "Rajinder Kalia versus Gurbir Singh Sandhu etc." and all the subsequent proceedings arising therefrom including the summoning order dated 2.7.2009.

(2.) Learned counsel for the petitioners has submitted that daughter of the complainant was a student of National Dental College, Dera Bassi. However, she had cleared her first semester after many attempts and had failed to clear her second semester. In this regard, learned counsel has placed reliance on Annexures P-6 to P-13. In fact, the daughter of the complainant had written on 16.3.2007 that she was unable to take examinations due to some reasons. Learned counsel for the petitioners has further submitted that the Trial Court had failed to hold an inquiry as envisaged under Section 202 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) as petitioners were residing outside the jurisdiction of the Trial Court.

(3.) It has been held by the Apex Court in National Bank of Oman vs, Barakara Abdul Aziz and another, 2013 2 SCC(Cri) 731 wherein it has been held as under:-