DINA NATH Vs. BAHADUR CHAND AND ANOTHER

JUDGEMENT

(1.) PETITIONER -Dina Nath has preferred the present revision petition against the order dated 10.8.2009 passed by Shri Inderjit Singh, Additional Sessions Judge, Faridkot vide which the revision petition preferred by Dina Nath -accused -against the order dated 11.8.2005 passed by Shri Vijay Kumar, the then Judicial Magistrate Ist Class, Faridkot, was dismissed. The brief facts of the present case are that the petitioner -complainant has lodged FIR No. 29 dated 18.3.2003 under Sections 420, 467, 468, 477 -A and 500 of the Indian Penal Code (in short -the IPC) at Police Station Jaitu against accused Manohar Lal and Bahadur Chand for cheating him after fabricated the entries in the account books of the partnership firm constituted between the complainant and the accused, and also for having defamed the complainant. It has been alleged by the complainant that on 31.3.2001 after settlement of the accounts when he demanded Rs. 2,00,000/ - from out of his share for the construction of his house, then accused Manohar Lal and Bahadur Chand told him that the firm has to pay an outstanding amount of about Rs. 1 crore to the people and the firm has no cash balance with it. The petitioner -complainant thereafter checked the account books from the accountant and found that the firm was liable to pay very less outstanding amount. The complainant -petitioner further alleged that both accused Manohar Lal and Bahadur Chand with intention to commit fraud with him had issued writings on the letter pad of the firm to their close persons showing that the firm had borrowed huge amounts from those persons. On enquiry, no entry regarding those writings in the ledger was found and the said amount was shown illegally. Complainant alleged that the accused persons have prepared fake and forged writings with intention to cause loss to him and they grabbed about Rs. 25 lacs by forging the entries in the account books.

(2.) THE trial Court framed charges against the accused persons on 11.8.2005.

(3.) THE learned Sessions Judge, Faridkot held that no offence is made out against the accused and set aside the order of framing charges vide order dated 10.8.2009 and discharged accused -Bahadur Chand.